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Exploring The Pros And Cons Of Lowering The Age Of Criminal Responsibility In India's Juvenile

Exploring The Pros And Cons Of Lowering The Age Of Criminal Responsibility In India's Juvenile Justice System




M. Karthikeyan, LLM., MCL., NET, Advocate, Thoothukudi District Court, Tamilnadu

ABSTRACT

The Juvenile Justice Act, 2015 aims to protect and safeguard the rights and needs of children, including those in conflict with the law, by providing them with care and protection that caters to their physical, emotional, and intellectual development. However, the Act has come under scrutiny for its Section 15, which allows for juveniles to be tried as adults, contradicting the very objective of the Act. India is a signatory to the United Nations Convention on Rights of child, which defines a juvenile as a person under the age of 18. The minimum age of criminal responsibility varies widely, and India's socioeconomic dimensions further complicate the issue. While some argue that juveniles with criminal propensities should be reintegrated into mainstream society, others advocate for lowering the age of criminal responsibility to hold them accountable for their actions. This article explores the pros and cons of lowering the age of criminal responsibility in India's juvenile justice system, taking into account the legal and socio-economic complexities of the issue.

Keywords: Preliminary Assessment, Age of Criminal Responsibility, Rehabilitation, Juvenile justice Board, Adult, heinous offence, Section 15.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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