Home | Legal Advice | Criminal Law | Claim juvenile at any stage

Claim juvenile at any stage

Shivendra Pratap Singh

Advocate

19/08/2015

Reading Time:

Could a juvenile accused claim his juvenility at any stage of proceeding? A fact that accused was juvenile at the time of the commission of the offence is the most important fact. This fact can be raised at any stage of a criminal proceeding. Trial, appeal and revision are the stages of a criminal proceeding and accused can take the plea of juvenility at any stage.

It does not matter that it was not raised in trial and the first time is taken in appeal or revision proceeding. If a sentence is passed against the accused in absence of the fact that the accused was juvenile, accused can take the plea of juvenility in an appeal against the sentence.

If the sentence is passed and accused has been in jail for many years, he can file appeal, revision or file Special Leave Petition before the Supreme Court and take his plea of juvenility. Maximum imprisonment is prescribed for a juvenile offender is of three years.

In Upendra Pradhan v. State of Orissa (2015) SCC, it is held by the Supreme Court that:

“The plea can be raised before any Court and at any point of time…… we will look into the present petition keeping in mind the juvenility of the accused-appellant at the time of the commission of the crime….. it has been brought to our notice that the appellant has undergone about 8 years in jail.

The appellant falls within the definition of “juvenile” under Section 2(k) of the Juvenile Justice (Care and Protection of children) Act, 2000. Upendra Pradhan has undergone almost 8 years of the sentence, which is more than the maximum period of three years prescribed under Section 15 of the Juvenile Justice Act of 2000. Thus, giving him the benefit under the Act, and the appellant be released forthwith.”

This similar view is taken by the Supreme Court in Ram Narain vs State of Uttar Pradesh (2015) SLP 1446/2004 in this case accused was undergoing sentence for 10 years and he raised the plea of juvenility first time before Supreme Court through SLP.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

More For you

Case filed based on False Sale Agreement 

Question: I am 74 yrs old so don't want the case to drag on for obvious reasons. Hence this query. Never had a brush with court in these 74 years but NOW I have been made respondent in a case against me based on a clearly Forged document.  Bought 1 acr land in...

How to lodge FIR in loss of mobile phone?

Question: I am from Kolkata. my Phone has some last memories of my grandma. I lost my mobile on 16.05.2022 and my mobile rang for about 6 hours and then switched off. How to lodge FIR in loss of mobile phone? Obviously it's switched off by someone. I went to the local...

Can I file FIR against husband in delhi for bigamy?

Question: Our marriage solemnised in the UAE. My husband is working in the UAE. After I got married in UAE on 5th Feb 2022 I came to know that I have been cheated. My husband was married 2 times before Married to me. He has not dissolved his previous marriage. Can I...

Physical assault from my boyfriend

Question: Physical assault from my boyfriend. I went to the police station for an FIR but they refused to lodge. They said to approach the court and file the complaint. As I was afraid he could do the same to me, I left him and went to my place as we are living in a...

Withdraw criminal case in the absence of accused

Question: Is it possible to withdraw a criminal case in the absence of an accused? Hi Sir, My sister in law filed two cases against my brother which were 1. Warrant of Summons Criminal Case, IPC none 2. Criminal Misc. Cases, IPC. For one of them I've received court...

Search and arrest by police in a different state

Question: The police of Uttarakhand come to Uttar Pradesh, search and arrest a person under NDPS Act. Police of Uttarakhand become the complainant of the case. Can they really do so? Search and arrest by police in a different state is possible or not. Asked from:...

Can we prove our absence through the CRD?

Question: We are facing the false family matters cases at Jhansi courts. Can we prove our absence through the CRD? Can I get it from the court? Date of incidence on record is 23.06.2019 at Jhansi. But we weren't in Jhansi at that time. In Fact we were at our...

Can the court quash the FIR lodged under Section 468 IPC?

Question: Allegation made under 468 IPC. Now the parties have settled the matter. But the trial is proceeding. So can we quash the case? Can the court quash the FIR lodged under Section 468 IPC? Asked from: Uttar Pradesh Section 468 of Indian Penal Code is a non...

A guilty person can lodge an FIR

Question: I want to know if a guilty person can lodge an FIR? If I beat someone due to harassment or any other criminal activity and an FIR is lodged against me, can I still lodge an FIR against the person I have beaten for his activity? Asked from: West Bengal Guilty...

Can I lodge an FIR after ten years of incident?

Question: My boyfriend had raped me in my PG when I was studying in engineering college. Now I have joined a multinational company and am working in Bangalore. He has traced me and is now trying to establish a relationship. I am married and a mother of two childs. Can...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54