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Supreme Court Quashes 20-Year Conviction, Reaffirms Juvenile Legal Protections

Supreme Court Quashes 20-Year Conviction, Reaffirms Juvenile Legal Protections
SC quashes 20-yr-old conviction on juvenility ground, says child should not be treated as criminal · theprint.in

The Supreme Court cancelled Mahavir’s conviction because he was a child when the offence happened.

A Juvenile Justice Board found that he was 17 years old in 2004.

Mahavir had been convicted of helping make evidence disappear and was sentenced to three years in prison.

The Supreme Court said children should not be treated like adult criminals.

It explained that poverty, inequality, family conditions and emotional problems can sometimes lead children toward crime.

The court said police and lower courts often fail to check a child’s age carefully.

It also said a person can raise a juvenility claim at any time.

The government should help children return to society instead of permanently labelling them as criminals.

Key facts

Appellant
Mahavir alias Avnish
Age at incident
17 years old
Date of birth confirmed
July 1, 1987
Year of incident
2004
Original conviction
Three years of rigorous imprisonment under Section 201 of the Indian Penal Code
Other charges
Murder and dowry death charges, of which Mahavir and his family were acquitted
Legal provision
Section 7A of the Juvenile Justice law permits juvenility claims at any stage

Quotes

Supreme Court bench

Bench comprising Justices Prashant Kumar Mishra and Shree Chandrashekhar

“It is well-remembered that children are the greatest assets of any nation and they should be nurtured and grown as responsible citizens, mentally alert, physically fit and morally healthy to contribute to the betterment of society.”
theprint.in
“In conclusion, the existing system needs further strengthening, effective monitoring of investigative processes and implementation of the statutory provisions.”
theprint.in

Sources

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