Author(s): Dr. Devanshi Singh

Abstract: As said by the Nehru, children are the asset of the country and must be protected and developed. The constitution in furtherance of this has granted many rights to children such as basic survival rights of life, development rights a regard to education, freedom of thought, conscience and also protection rights from several kinds of abuses and exploitation.Juvenile Justice Policy in India is structured around the mandates under various articles of Indian constitution (Article 15 (3), 21, 24, 39 (e) & (f), 45 & 47). The policy is also guided by various International Covenants such as UN Convention on Rights of Child and Beijing Rules, or UN Standard Minimum Rules for Administration of Juvenile Justice.Section 7A of the Juvenile Justice (Care and Protection of Children) Act, 2000 lays down the procedure to be followed when claim of juvenility is raised before any court. But several issues relating to question of age determination are not answered by the reading of the section. Also, the courts have held different opinion with respect to such issues. Due to the lack of certainty in the interpretation of this section it the application of Juvenile Justice act seems quite difficult in cases where the age determination is a substantial question.The Paper will rely on mainly secondary sources consisting of judicial decisions and the amendments in the Juvenile Justice Act on the issues relating to age. The Paper aims to address the following Research Questions (a) Who owes a duty to raise the question of age among child, accused and magistrate? (b) What evidence is relied upon for determination of age? How should the court decide the question of age if there are conflicting evidences? (c) What is the Relevant date for age determination?

DOI: 10.22271/2790-0673.2024.v4.i2b.136

Pages: 154-158 | Views: 269 | Downloads: 107

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