Juvenile Court

Section 2(b) of Juvenile Justice System Act, 2018 defines a child as a person who at the time of commission of offence has not attained the age of 18 years

Juvenile Court is established under S. 4 of the Juvenile Justice System Act, 2018 to deal with such cases

Certain privileges are granted to "child"-accused through Juvenile Justice System Act, 2018 some of which pertain to arrest, bail, release on probation and prohibition of inflicting capital sentence, etc

Section 8 of Juvenile Justice System Act, 2018 obligates the Officer Incharge of Police Station or the Investigating Officer to determine the acclaimed age of juvenile from his birth certificate, educational certificates or any other relevant document from the very inception of investigation

Juvenile is to be medically examined only if there is no other trustworthy documentary proof in support of his age plea

Findings about the age of an accused who physically appears to be a juvenile is to be given by the court before whom he is brought under S. 167, Cr.P.C. and that too before granting his further detention

Such findings are to be based on the record made available before the court including report prepared by the police officer or the medical examination report, if any.

Advocates should not figure very prominently when evidence is recorded. The trial of a juvenile should not ordinarily be permitted to assume the contentious character of an ordinary criminal trial, and it is clear that no prejudice is likely to be caused and, on the contrary, much injury to the delinquent child may be prevented, if such trials are so conducted that advocates do not figure very prominently when evidence is recorded. Advocates appearing for juveniles ought themselves to bear this in mind, and help the 'Courts to function as juvenile Courts.