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Pyali Chatterjee ()

Fiat Iustitia, 2017, vol. 11, issue 1, 56-64

Abstract: We all know about the gang rape of 16th December, 2012, Nirbhayarape case, where one of the co-accused was a minor (17 years and 6 months approx).And he was charged and convicted according to Juvenile Justice Act,2000 with three year imprisonments and that also he will served his imprisonments in the juvenile reform house. And now he also gets freed from Juvenile Home as he completed his term. Whereas, the other co-accused were sentenced to death. And according to police charge sheet the minor was the most brutal person among the co-accused at the time of the commission of this heinous crime. But the punishment which he received for this crime was not justified according to the crime which he was committed against the women of the world and also against the mankind. Even in the report of The Justice Verma Committee, which was formed at that time for the recommendation of criminal law amendment in cases of sexual assault cases, refused to reduce the age of the minor from 18 to 16. Many protestor, activist, social worker demanded that the age of the minor should be reduced to 16.Thats why, am choosing this topic for my research, so that the age of the minor under Juvenile Justice Act, 2000 in India should be reduced to 16 from 18 in case of a commission of the crime which is in itself is heinous in nature. With change of time law should be changed. Those who commits crime for fun and has the capacity to understand the nature of offence then in that case he should not be treated like a minor. As, it will not be effective to control the crime committed by the Juveniles. Also, this will not create any fear among the others which is necessary as per the deterrent theory.

Keywords: Deterrent theory; Indian Penal Code; Juvenile Delinquency; Punishment (search for similar items in EconPapers)
Date: 2017
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Handle: RePEc:dcu:journl:v:11:y:2017:i:1:p:56-64