Main objective Juvenile delinquency laws is to extend reformatory chance to adolescents, who by fluke plunged into crime world. However, sparing those who are habitual offenders or are brutal by their instinct, in the name of juvenile corrective laws, completely fails to attract any reasonableness. Absence of reasonableness is anti-thesis of rule of law. Hence, for upholding sanctity of rule of law, it is necessary to decide such cases on the test of brutality and habitually, irrespective of considering the age. Absolute general exceptions u/s. 82 of IPC is available to a child under 7 years age, as it is presumed that mens rea (guilty mind) cannot be formed below this age. Conditional general exceptions u/s. 83 of IPC is available to the child of 7 to 12 years age whose understanding (mens rea involved in offence) is not found matured enough by the court to assess nature and consequences of his conduct.
Posted on: Sat, 14 Sep 2013 06:27:39 +0000
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