Analysis Of Antaryami Patra Vs. State Of Orissa
Antaryami Patra vs State of Orissa
To appreciate this contention in its proper perspective, it would be appropriate to notice the two provisions which are extracted here in below in extension: Section 18 of the Juvenile Justice Act, 1986 reads as follows:
Bail and custody o1 juveniles: (1) When any person accused of a bailable offence and apparently a juvenile is arrested or detained or appears or is brought before a Juvenile Court, such person shall not withstanding anything contained in the Code of Criminal Procedure, 1973, or in any other law for the time being in force, be released on bail with or without surety but he shall not be so released if there appears reasonable grounds for believing that the release is likely to bring him …show more content…
9(B)(1)(b) of the Indian Explosives Act, Sec. 25(1)(a) of the Indian Arms Act, and Sections 4 and 5 of the Explosive Substances Act. The date of birth of the petitioner, as per the School Transfer Certificate, is 11.5.1987. At the time of arrest, he was studying in standard 'X'. On 23.11.2002 and 24.11.2002, the Special Task Force and 'Q' Branch CID made a joint combing operation to nab naxalites in Dharmapuri District. In connection with the same, they entered the petitioner's house in search of his father. As his father was not available, they arrested the petitioner, who was sitting in the house, and foisted a case against him. They produced the petitioner before the Judicial Magistrate , Uthangarai on 25.11.2002. The Magistrate, without enquiring whether he was a juvenile mechanically remanded him to judicial custody. The petitioner was placed along with other alleged naxalite prisoners. A bail petition was moved before the Sessions Judge, Krishnagiri, in Crl.M.P.No.68 of 2002. Regarding his age, the petitioner was subjected Special Court, Poonamallee requiring the production of the juvenile petitioner on 19.2.2003 was also enclosed. The POTA Special Court does not have jurisdiction to try a juvenile, when there is an Act, viz. Juvenile Justice (Care and Protection) Act, 2000 (hereinafter referred to as the JJ (C& PC) Act) to …show more content…
(b) An offence is any behaviour (act or omission) that is punishable by law under the respective legal systems; (c) A juvenile offender is a child or young person who is alleged to have committed or who has been found to have committed an offence. 2.3 Efforts shall be made to establish, in each national jurisdiction, a set of laws, rules and provisions specifically applicable to juvenile offenders and institutions and bodies entrusted with the functions of the administration of juvenile justice and designed: (a) to meet the varying needs of juvenile offenders while protecting their basic rights; (b) to meet the needs of society; and (c) to implement the following rules thoroughly and fairly .
Aims of juvenile justice: The juvenile justice system shall emphasize the well-being of the juvenile and shall ensure that any reaction adequate standard of living and social security. The right to education, with States making primary education compulsory and free. Protection from economic exploitation, with a minimum age for admission to employment. Protection from involvement in the illicit production, trafficking and use of narcotic drugs and psychotropic substances. Protection from sexual exploitation and abuse
To appreciate this contention in its proper perspective, it would be appropriate to notice the two provisions which are extracted here in below in extension: Section 18 of the Juvenile Justice Act, 1986 reads as follows:
Bail and custody o1 juveniles: (1) When any person accused of a bailable offence and apparently a juvenile is arrested or detained or appears or is brought before a Juvenile Court, such person shall not withstanding anything contained in the Code of Criminal Procedure, 1973, or in any other law for the time being in force, be released on bail with or without surety but he shall not be so released if there appears reasonable grounds for believing that the release is likely to bring him …show more content…
9(B)(1)(b) of the Indian Explosives Act, Sec. 25(1)(a) of the Indian Arms Act, and Sections 4 and 5 of the Explosive Substances Act. The date of birth of the petitioner, as per the School Transfer Certificate, is 11.5.1987. At the time of arrest, he was studying in standard 'X'. On 23.11.2002 and 24.11.2002, the Special Task Force and 'Q' Branch CID made a joint combing operation to nab naxalites in Dharmapuri District. In connection with the same, they entered the petitioner's house in search of his father. As his father was not available, they arrested the petitioner, who was sitting in the house, and foisted a case against him. They produced the petitioner before the Judicial Magistrate , Uthangarai on 25.11.2002. The Magistrate, without enquiring whether he was a juvenile mechanically remanded him to judicial custody. The petitioner was placed along with other alleged naxalite prisoners. A bail petition was moved before the Sessions Judge, Krishnagiri, in Crl.M.P.No.68 of 2002. Regarding his age, the petitioner was subjected Special Court, Poonamallee requiring the production of the juvenile petitioner on 19.2.2003 was also enclosed. The POTA Special Court does not have jurisdiction to try a juvenile, when there is an Act, viz. Juvenile Justice (Care and Protection) Act, 2000 (hereinafter referred to as the JJ (C& PC) Act) to …show more content…
(b) An offence is any behaviour (act or omission) that is punishable by law under the respective legal systems; (c) A juvenile offender is a child or young person who is alleged to have committed or who has been found to have committed an offence. 2.3 Efforts shall be made to establish, in each national jurisdiction, a set of laws, rules and provisions specifically applicable to juvenile offenders and institutions and bodies entrusted with the functions of the administration of juvenile justice and designed: (a) to meet the varying needs of juvenile offenders while protecting their basic rights; (b) to meet the needs of society; and (c) to implement the following rules thoroughly and fairly .
Aims of juvenile justice: The juvenile justice system shall emphasize the well-being of the juvenile and shall ensure that any reaction adequate standard of living and social security. The right to education, with States making primary education compulsory and free. Protection from economic exploitation, with a minimum age for admission to employment. Protection from involvement in the illicit production, trafficking and use of narcotic drugs and psychotropic substances. Protection from sexual exploitation and abuse