what do heinous offence mean under the act ?

Forums Juvenile Justice (Care and Protection of Children) Act, 2015 what do heinous offence mean under the act ?

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  • #3739
    Savi_Rajput
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    A Supreme Court bench of Justices Deepak Gupta and Aniruddha Bose on Thursday held that offences which carried the maximum of more than seven years imprisonment, but with no minimum sentence of fewer than seven years should be treated as ‘serious’ and not as ‘heinous’ offences.

    In the instant case, juvenile ‘X’ was accused of committing an offence punishable under Section 304 of the Indian Penal Code, which is punishable with a maximum punishment of imprisonment for life up to ten years and fine in the first part, and imprisonment up to ten years or fine, or both in the second part. No minimum sentence is prescribed under this provision.

    The first part of Section 304 deals with punishment for culpable homicide not amounting to murder, if the act by which the death is caused is done with the intention of causing death or of causing such bodily injury as is likely to cause death.

    The second part of Section 304 seeks to impose imprisonment for a term which may extend to ten years, or with fine, or with both, if the act is done with the knowledge that it is likely to cause death, but without any intention to cause it, or to cause such bodily injury as is likely to cause death.

    Section 2(33) defines “heinous offences” as those for which the minimum punishment under the Indian Penal Code or any other law for the time being in force is imprisonment for seven years or more. Section 2(35) defines “juvenile” as a child below the age of 18 years.

    Section 2(45) defines “petty offences” as those for which maximum punishment under the IPC or any other law in force is imprisonment up to three years. Section 2(54) defines “serious offences” as those for which punishment under the IPC, or any other law in force, is imprisonment between three to seven years.Section 15 of the 2015 Act provides that if the child offender has committed a heinous offence, the Juvenile Justice Board shall conduct a preliminary assessment with regard to the mental and physical capacity of the child to commit such offence, the ability of the child to understand the consequence of the offence and the circumstances in which it was allegedly committed.

    Section 19 of the Act empowers the Children’s Court to reassess the preliminary assessment of the Board. Under sub-section (2) of Section 19, a child must be kept in a place of safety and cannot be sent to jail till the child attains the age of 21 years, even if such a child has to be tried as an adult.

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    • #3781
      Samiksha_Dubhash
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      Henious offence in a laymans language can be termed as something that is extremely evil or horrible any act against the society . The Supreme Court had previously held that anybody convicted for a serious crime cannot strike a settlement with the victim as their crime is adhered as something against the society . After the recent amendment in the juvenile law it was held that the offences can be categorized into three sections i.e petty offences with a jail term of maximum three years , serious offences with a maximum jail term of three years and heinous offences like rape , murder etc with a minimum jail term of 7 years and above . In a situation where the teenager was 16 years of age and drove a vehicle that belonged to his father resulting in a hit and run case of a 32year old man . Even though the offence was a heinous offence under IPC with seven years and above imprisonment the Court decided to try the juvenile as per juvenile laws but under the serious offence category . The Supreme Court, in one of its recent judgement, has observed that in effect under Section 2(33) of the Juvenile Justice (Care and Protection of Children) Act, 2015, an offence prescribing a max. sentence of more than 07 years imprisonment but not providing any min sentence, or providing a min sentence of less than 07 years, cannot be considered to be a ‘heinous offence’. Section 2(33) defines “heinous offences” as those for which the minimum punishment under the Indian Penal Code or any other law for the time being in force is imprisonment for seven years or more. Section 2(35) defines “juvenile” as a child below the age of 18 years. Section 2(45) defines “petty offences” as those for which maximum punishment under the IPC or any other law in force is imprisonment up to three years. Section 2(54) defines “serious offences” as those for which punishment under the IPC, or any other law in force, is imprisonment between three to seven years.

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