WHAT CAN YOU DO WHEN YOUR CHILD HAS BEEN CONVICTED FOR MURDER?
Nelson Mandela rightly said that “There can be no more intense discovery of a society’s spirit than how it treats its youngsters.” Directly following the 2012 Delhi gangrape and murder case, one of the denounced, who was an adolescent, was condemned to three years in a reconstruction home according to the said provisions of the Juvenile Justice Act, 2000. The public authority conveyed the Juvenile Justice (Care and Protection of Children) Bill, 2014. It procured the President’s consent on 31st December 2015, and came into sway as the Juvenile Justice (Care and Protection of Children) Act, 2015.
Procedure when a child has been held liable under the Act
Section 10 to 26 of Juvenile Justice Act, 2015 characterized strategy comparable to youngsters in struggle with law in which some of them are as per the following:
Section 10 states apprehension of the individual affirmed to be in struggle with the law. A child might be apprehended on the ground of submitting to an offense.
Section 14 states request by Board in regards to a child who is in struggle with the law. This arrangement portrays whether a child is delivered before Board or he might fit in Section 17 and 18 of the Act. It likewise arranges the kinds of offence relying on how it is submitted beneath.
- Petty offence– Section 2(45) “petty offences” incorporates the offences for which the greatest discipline is detainment as long as three years.
- Serious offence– Section 2 (54) “serious offences” incorporates the offenses for which the discipline is detainment between three to seven years.
- Heinous offence– Section 2(33) incorporates the offenses for which the discipline is detainment for minimum time period of seven years or more.
Right at the time of apprehension.
A child might be caught on the ground of submitting to an offense. When the time of apprehension arises, they have promised rights. In each police station, secure care can be coordinated along with the guide of Section 10(1) of Justice Juvenile Act, 2015 which expresses that “Provided that in no case, a child purported to be in a battle with law shall be located in a police lockup or lodged in a jail.”
Brief on Child not being held liable for murder.
The provisions of murder are sorted under Section 300 of Indian Penal Code, 1860. As shown by Section 82 of the Indian Penal Code (IPC), nothing is an offense which is finished by a young person under seven years of age. Similarly, as shown in Section 83 of Indian Penal Code (IPC), nothing is an offense which is done by a child who is more than seven years of age and under twelve. And has not accomplished satisfactory advancement of cognizance to settle on the nature and aftereffects of his immediate activity on that occasion. To guarantee that people approach to help a child at serious risk, Section 89 of IPC gives a verification. It verifies that nothing which is done in consistence with basic courtesy to help a person under twelve years of age, or of the unstable mind, by consent, either express or proposed, of the guardian or other individual having real charge of that individual, is an offense. By reason of any underhandedness which it may cause, or be relied upon by the expert to cause or be known by the specialist to reasonable justification to that person. A couple of individuals are as yet unconscious of the criminal law action. Part IV of the IPC, entitled General Exceptions which contains Section 76 to 106, rejects individuals from criminal danger. Acts done by a child and insane individuals are understandable acts and finally absolves an individual from criminal commitment.
Essentials to be followed during the process.
- Firstly, if your child has been held liable for murder. Keep in mind, to approach a criminal lawyer. As, this makes you aware about what should be done by you and will prevent any harm to your child.
- You must not send the child to police lock-up and not defer the youngster being moved to the Child Welfare Police Officer from the closest police stations. The police may under sub-section (2) of Section 12 of the Act send the individual apprehended to an observation home just for such period till he is delivered before the Board i.e., within 24 hours of being captured and proper orders are gotten according to Rule 9.
- Make sure the child is not handcuffed, neither is there a chain or shackle around the lower legs of a youngster.
- Make sure that the charges against the youngster has been straightforwardly communicated to him in your presence. Whether you are a parent or guardian it is your responsibility. And if a complaint has been made through FIR, duplicate of the equivalent must be made accessible to child and read out to him by you if he cannot do it himself.
- Give proper clinical help, help from a mediator or an exceptional teacher, or whatever other help which the youngster might require.
- Not urge the child to admit his responsibility as he will be met uniquely at the Special Juvenile Police Unit or at child amicable premises in the police stations. These places don’t give the vibe of a police station or of being under custodial cross examination. The parent or guardian might be available during the meeting of the child by the police.
- Not request that the youngster sign any assertion.
Principle of right to maintain privacy and confidentiality is applied when a wrongdoing is carried out and child under preliminary trial in police custody inside the Juvenile Court.
Further, Section 24(2) of the Act specifies that the board will arrange and coordinate the Police, or through Children’s Court that the significant records of conviction will be annihilated after the expiry of the time of allure from the registry or, by and large, a sensible period as might be endorsed.
Section 24(5) POCSO, 2012 states that the police must ensure officials that the personality of the youngster is covered from the public media except if in any case coordinated through the Special Court within the advantage of the youngster.
Therefore, the said procedure and provisions mentioned above are required to be considered when one deals with the liability under the Juvenile Act, especially, the child.
WHY GET A HELP OF CRIMINAL DEFENCE LAWYER IN SUCH CASE?
By a criminal lawyer’s help you can acquire parole for your youngster who has been convicted for murder. A lawyer will retroactively amend the charges against the youngster making it easier for him to be released and get his freedom. What are the 2 things you must look into being hiring a Criminal lawyer? The first is the Advocate’s experience and specialization in the field of Criminal law, advocates with over 9 plus years of experience are the ones you should be approaching to. The second is, whether is it cost efficient for you to hire a criminal lawyer. Usually, a highly charges well but all this shouldn’t be necessary when it’s for your child’s sake.
We, VSK & Co, Advocates & Legal Consultants got decent amount of experience, Consult Us for legal advice in Criminal and Civil matters.