Juvenile Justice (Care and Protection of Children) Act, 2015, Section 2(13) -- Child in conflict with law - Child can be an offender of sexual offences as defined in POCSO Act...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 2(13) -- Child in conflict with law - If offender is a child in conflict with law, for the offences under POCSO Act or under any other statue, he cannot be tried in the ordinary criminal Court, but shall be inquired into only by a Juvenile Justice Board...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Juvenile - Mode of determination of age - Date of birth certificate from school stands at highest pedestal - Whereas ossification test has been kept at the last rung to be considered only in the absence of both certificate from school and birth certificate issued by Corporation/Municipal..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 101 -- Appeal - Order passed by Child Welfare Committee (CWC) - Appeal shall lie to children Court against all the orders passed by CWC except where order has been passed relating to foster care or sponsorship foster care...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 104 -- Child Welfare Committee (CWC) - CWC has power to review or revise its own order where circumstances prompt for such an action or where any new development takes place, compelling it to take a different view - Such powers have been vested in CWC notwithstanding the powers of appellate Court or..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 101 -- Appeal - Order passed by Child Welfare Committee - Appeal shall lie to children Court against all orders passed by Child Welfare Committee except where order has been passed relating to foster care or sponsorship foster care...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Juvenile - Determination of age - Medical age can act as a guideline only and not as a conclusive proof - Therefore, there is no strict law as regard lowering the age by two years from medical age...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Juvenile - Determination of age - Actual date of birth of juvenile was 5.7.2000 as shown in date of birth registered in a school where he had studied initially - Even, said calculation of age matches with radiological age - Mechanical approach to deduct two straight years from radiological opinion..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Age of victim - Determination - Birth certificate of victim obtained from School is on record - Ossification test even if ordered by Court not liable to be taken into account as also statement of victim u/ss 161, 164 Cr.P.C, because same is not required to be looked into in view of S.94 of the Act...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Age of victim - Determination - Birth certificate of victim obtained from School is on record - Ossification test even if ordered by Court not liable to be taken into account as also statement of victim u/ss 161, 164 Cr.P.C, because same is not required to be looked into in view of S.94 of the Act...........
