Trial of child as an adult – No need for Child right activists to panic *

The primary Objectives of Juvenile Justice (Care and Protection of Children) Bill, 2014 which is passed by Rajya Sabha on 22nd December 2015  is  to give to the nation a comprehensive law dealing with the  children alleged and found to be in conflict with law and children in need of care and protection.  The Bill proposes to change the law as per the   standards prescribed by the Convention on the Rights of the Child, the United Nations Standard Minimum Rules  for the Administration of Juvenile Justice, 1985 (the Beijing Rules), the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (1990), the Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption (1993) etc.
Section 16 of the Bill provides that,  if a child who has completed or is above the age of 16 years commits a heinous offence then the Juvenile Board shall conduct a preliminary inquiry regarding –
  •  The mental and physical capacity of the child  to commit such heinous offence.
  • The ability of child to understand the consequences of the offence
  • Circumstances under which the offence was committed

Section 19(3)  provides that, if the Juvenile Board on preliminary inquiry concludes  that there is need for further trial of the child who has committed heinous offence, it can order for transfer of the trial of the case to Children’s Court.

After receiving preliminary inquiry from Juvenile Board for further trial of the child who has committed heinous offence, The Children’s Court  has been given two options,  they are:

  • The Children’s court may conclude that  there is no need for trial of the child as an adult and conduct an inquiry as a Board
  • If the Children’s Court accepts the conclusion of Juvenile Board for further  trial of child as an adult then the Court shall conduct the trial as per provisions of Code of Criminal Procedure 1973

Children’s Court in the trial of  child as an adult can pass appropriate order subject to the restriction that the child shall not be sentenced to death or for imprisonment for life without the possibility of release.

The provisions in the Juvenile Justice (Care and Protection of Children) Bill, 2014 has given wide discretionary power to both the Juvenile Board as well as Children’s Court to decide as to the  need for trial of a child as an adult. Further  the Restrictions as to kinds of sentence that can be pronounced against juvenile  ensures that the juvenile and adult convicts  are not  dealt alike. The new legislation  enables the legal system to deal with cases where heinous offence is committed by  juvenile when he has enough maturity of mind.

*Jaihanuman H.K.

Assistant Professor

K.L.E. society’s Law College

Legal Education – Providing The Cutting-Edge To Any Career You Choose

Not all students of law education go ahead and practice law or make law as their career. There could be quite a few reasons behind the same, either professional or personal. One of them could be this – Law is a career that starts on a modest note, meaning there is a slow start and it takes time to prosper, generally. But, once you taste success, its no looking back. Also, the competition in Law is fierce as there are umpteen lawyers churned out every year from the numerous colleges in India. Hence to cut out of the clutter, which college you’ve studied also matters a lot. Hence, pursuing your law degree from a reputed college or a top ranked colleges places you in another league as soon as you are out. Having said that, there are numerous students who study law and choose a completely different career for themselves and flourish as well. But, little do they know that it is their legal education advantage that has helped them all through. Legal education is also known to be a mind training program and as soon as you meet up a person with a law background, you are immediately able to gauge the same just from his way of reasoning and body language as well, at times.

As you become aware of the laws while studying LLB, you are more confident than ever and any issue related to law is never quite an issue for you. Be it any profession law education helps you out in many ways than one. Its also not only about the education part but the skill-sets you acquire and the attributes of it which transform you into a proactive personality eventually. Look around and you will find law professionals in practically every high flying career right from banking, journalism, finance, realty, engineering, entrepreneurship and more. What’s more even the cine world has known actors with law education as their academic qualifications.

Be it communication skills, analytical skills, presence of mind, spontaneity, etc., with Law education beside, you are all set to take the world into your stride. With a law background you definitely transform into a problem solver and are able to take leadership in whatever you do. Also, even if you do not become a full time lawyer, that knowledge base is always there to help you out of any kind of legal soup whenever you need it.

Yes, there are going to be times when people question you on studying law and not pursuing it but I am sure that you would not be influenced by what people have to generally say on your personal choices. But yes, you do need to have a genuine and convincing answer to the question when it is asked by your employers, but to get you the job you so want.

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KLE Law College in Bangalore

Having said that, Law education is not a cake walk, it requires immense hard work and mindfulness to pursue it, patience and perseverance as well. So, if you are willing to take up Law Education, go ahead.