Lawstreet Journal

Under Juvenile Justice Act, offences not having minimum sentence of 7 years cannot be treated as heinous offences.

Lawstreet Journal 11 Jan 2020 6:31pm

Image courtesy: Lawstreet Journal Judiciary Under Juvenile Justice Act, offences not having minimum sentence of 7 years cannot be treated as heinous offences.

On 9th January, 2020 in the case of Shilpa Mittal v. State of NCT of Delhi and Anr. SC deliberated upon the question "Whether an offence prescribing a maximum sentence of more than 7 years imprisonment but not providing any minimum sentence, or providing a minimum sentence of less than 7 years, can be considered to be a ‘heinous offence’ within the meaning of Section 2(33) of The Juvenile Justice (Care and Protection of Children) Act (hereinafter JJA), 2015?”

The factual background is that one Juvenile (aged above 16 and below 18 years) was alleged to have committed a crime under Section 304 of IPC, where punishment can be of life imprisonment in one part or up to 10 years in second part. But Section doesn’t prescribe minimum sentence. Juvenile justice board held him triable as an adult for heinous crime, appeal was dismissed by Children’s Court, but HC of Delhi overturned the decision. Now appeal was filed by sister of deceased in SC. 

Section 2(33), 2(45) and 2(54) of the JJA respectively defines Heinous, Petty and Serious offences. Heinous offences are the offences for which punishment prescribed is minimum 7 years or more in IPC or any other act time being in force. 

Counsel for the appellant Siddharth Luthra pointed out to the court that 4th category of offences have been left out by the JJA for which minimum sentence is less than 7 years, or no minimum sentence is prescribed but maximum sentence can be more than 7 years which includes homicide not amounting… Continue Reading...


Tagged: Juvenile   Juvenile Justice  
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