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Can 17.5 years accused person be treated as major ?
28-Jan-2023 (In Criminal Law)
My mother was murdered by a domestic help at Dwarka, Delhi on 15 July, 2016. The servant is 17.5 years old. The JJB has decided to treat him as a child and not as an adult based on a physiologist's recommendation. The servant has pleaded guilty. FIR states that he used a knife and stabbed 30 times. Committed a robbery, hided the knife, cleaned the crime scene, called my father and fabricated a story that outsiders came and committed this crime. I want to know how can I contest the judgement of JJB taken on 18 Jan to treat him as a child. The JJB will take final decision for punishment on 7 Feb. Can we argue to treat him as an adult due the the nature of crime (heinous) & his age 17.5 years and is it worth challenging this in sessions / high court? Appreciate a fast response. Regards,
It entirely depends on the nature of the crime alleged and the gravity of the offence a person can be treated as major. As per the recent amendments made in 2015, a minor can validly be treated major but you have to establish motive behind the aforesaid murder.
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Adv. Suneel Kumar
Delhi | 200+ Answers
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First we have see what is proof of being him a juvenile. If proof is not strong, it may be challenged . You can visit me personally before judgement of JJB, so that we can supervise the same. If you can not visit before judgement, visit me after judgement.
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Adv. Hira Lal Jha
Delhi | 25+ Answers
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The report of the physiologist can be challenged and A revamped Juvenile Justice Bill was passed in the Lok Sabha on 7 May 2015 in the aftermath of the Delhi Rape Case of December, 2012 in which a minor was found guilty. The new bill will allow minors in the age group of 16-18 to be tried as adults if they commit heinous crimes. Here in your case he seems to be of mature understanding. Lets meet for and sure it can be done
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Adv. Lalit Kumar Sharma
Delhi | 100+ Answers
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Sir this is with reference to the legal query sought. The servant/accused will be treated as a minor. Even if the murderer is 17.12 years old and there is a difference of just one day to attain majority, he will be counted in the category of a minor. Please kindly refer mahadev judgment. There are ample number of judgments. Regards Aakriti Jain
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Adv. Aakriti Jain
Delhi | 25+ Answers
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Yes he can be treated as major due to this heionous crime and u can appeal it high court .the mind of this accusef is not like minor so he will be treated as a major . There is judgement of SC on this.
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Adv. Ashutosh Mishra
Delhi | 25+ Answers
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Well as per the new act (Juvenile Justice (Care and Protection of Children) Act, 2015) yes you are right, the teenagers in the bracket of 16-18 yrs are to be treated as majors for the offences which are heinous and rarest of the rare.
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Adv. Rohit Kaul
Delhi | 25+ Answers
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