Juvenile Offenders: Judicial Approach and Theories

  • Abhishek Singh Devanda
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  • Abhishek Singh Devanda

    Research Scholar at University of Kota, India

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Abstract

The sentencing process in India towards children is very lenient. The role of the court is to impart justice. Once the trial is over, the decision of the courts comes out in the form of punishment to convict or if the court is satisfied that the accusation of a person fails then they acquit the person. The treatment offered to children is in the form of admonition, probation, and sending a person to correction home. Beyond this is fine, restitution and compensation are given as alternatives to sentences. In sentencing process, lower degree of punishment is a rule and higher is exception . The court should see the severity of the offence committed and give preference to the lower degree of punishment. If the court observes that the punishment has two options of giving imprisonment and fine, the fine to be given first preference. When the nature of offence is grave and the demeanor of the offender demands more punishment than fine, then the judge should think about the alternative punishment for the offence. While awarding higher degree of punishment, it is duty of the court to give reasons for not awarding lower degree of punishment. It is not only the duty of the court to give preference to lower punishment, but it is the right of the accused as per fixed by law. There is a presumption of not awarding more punishment than prescribed by law. The punishment for the offender is decided on the basis of the prescribed set of rules and not beyond that. Whenever there is an alternative punishment then lower degree punishment to be awarded is a rule. The nature of the offence should be taken as a measure for deciding punishment whether to be deterrent, preventive, reformative or rehabilitative punishment. It is very important to understand the antecedents of the offender before awarding a sentence. It gives age, education, family details, health problems, addictions and previous convictions of offenders.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 5, Issue 1, Page 08 - 18

DOI: https://doij.org/10.10000/IJLMH.112457

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