TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    ‘Agreed on Economic Cooperation Plan Till 2030,’ Says PM Modi in Joint Statement With Putin

    ‘Agreed on Economic Cooperation Plan Till 2030,’ Says PM Modi in Joint Statement With Putin

    ‘Ready to Continue Uninterrupted Shipments of Fuel to India,’ Says Putin at India-Russia Summit 2025

    ‘Ready to Continue Uninterrupted Shipments of Fuel to India,’ Says Putin at India-Russia Summit 2025

    ‘Should Work Together, Pave Way for Peace’: Says PM Modi in Bilateral Talks with Putin

    ‘Should Work Together, Pave Way for Peace’: Says PM Modi in Bilateral Talks with Putin

    Indira Gandhi’s Alliance with the Communists Redefined Indian History Education

    Indira Gandhi’s Alliance with the Communists Redefined Indian History Education

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    From Paper-Mandates to eNACH Registration: How Digital Mandates Are Changing Cash Flow

    From Paper-Mandates to eNACH Registration: How Digital Mandates Are Changing Cash Flow

    What is the financial management cycle?

    What is the financial management cycle?

    Smart Investment Planning: Calculating Mutual Fund SIP Growth Easily

    Smart Investment Planning: Calculating Mutual Fund SIP Growth Easily

    Convert ETH to USD Using Price Statistics for Better Trading Decisions

    Convert ETH to USD Using Price Statistics for Better Trading Decisions

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Veterans Deserve More Than Promises: The System Must Match the Soldier’s Sacrifice

    Veterans Deserve More Than Promises: The System Must Match the Soldier’s Sacrifice

    How Ukraine Uses Psychological and Information Warfare to ‘Win,’ and What India Can Learn From This Strategy

    How Ukraine ‘Wins’ the Psychological and Informatiaon War Despite Destruction — Lessons India Cannot Afford to Ignore

    Pakistan’s ‘ship-launched ASBM’ claim doesn’t withstand technical or industrial scrutiny

    Pakistan’s ‘ship-launched ASBM’ claim doesn’t withstand technical or industrial scrutinys

    Borders Can Change: Why Rajnath Singh’s Sindh Remark is India’s New Message to Pakistan

    Borders Can Change: Why Rajnath Singh’s Sindh Remark is India’s New Message to Pakistan

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    ‘Ready to Continue Uninterrupted Shipments of Fuel to India,’ Says Putin at India-Russia Summit 2025

    ‘Ready to Continue Uninterrupted Shipments of Fuel to India,’ Says Putin at India-Russia Summit 2025

    ‘Should Work Together, Pave Way for Peace’: Says PM Modi in Bilateral Talks with Putin

    ‘Should Work Together, Pave Way for Peace’: Says PM Modi in Bilateral Talks with Putin

    Europe’s Slow Descent Into Weakness

    Europe: A Continent Happily Committing a Long-Drawn Suicide

    End of NATO? US Secretary of State Marco Rubio May Skip Foreign Ministers’ Meet in Brussels for First Time in Two Decades

    End of NATO? US Secretary of State Marco Rubio May Skip Foreign Ministers’ Meet in Brussels for First Time in Two Decades

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Despite Nehru’s objection, Rajendra Prasad became India’s first President !

    How Nehru Resisted Dr. Rajendra Prasad—from Presidency to Somnath visit  and Beyond

    Mahashivratri 2026: Astrological Meaning & Horoscope Predictions for All Signs

    Mahashivratri 2026: Astrological Meaning & Horoscope Predictions for All Signs

    Talom Rukbo Initiated the Donyi–Polo Movement: Bringing Tribal Youth Back to Their Roots

    Talom Rukbo: The Forgotten Hero Who Shielded Arunachal’s Tribal Communities from Religious Conversion

    How Guru Tegh Bahadur The Ninth Sikh Guru Became a Martyr for Religious Freedom

    How Guru Tegh Bahadur The Ninth Sikh Guru Became a Martyr for Religious Freedom

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Top 5 Reasons Why Cloud and DevOps Are the Perfect Career Combo in 2026

    Top 5 Reasons Why Cloud and DevOps Are the Perfect Career Combo in 2026

    감정을 가진 로봇의 시대가 오고 있다

    감정을 가진 로봇의 시대가 오고 있다

    Is AISaver Face Swap the Best Tool for Face Swap Video Online Free in 2025?

    Is AISaver Face Swap the Best Tool for Face Swap Video Online Free in 2025?

    Why Fat Analysis Matters in the Food and Feed  Industry?

    Why Fat Analysis Matters in the Food and Feed Industry?

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    ‘Agreed on Economic Cooperation Plan Till 2030,’ Says PM Modi in Joint Statement With Putin

    ‘Agreed on Economic Cooperation Plan Till 2030,’ Says PM Modi in Joint Statement With Putin

    ‘Ready to Continue Uninterrupted Shipments of Fuel to India,’ Says Putin at India-Russia Summit 2025

    ‘Ready to Continue Uninterrupted Shipments of Fuel to India,’ Says Putin at India-Russia Summit 2025

    ‘Should Work Together, Pave Way for Peace’: Says PM Modi in Bilateral Talks with Putin

    ‘Should Work Together, Pave Way for Peace’: Says PM Modi in Bilateral Talks with Putin

    Indira Gandhi’s Alliance with the Communists Redefined Indian History Education

    Indira Gandhi’s Alliance with the Communists Redefined Indian History Education

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    From Paper-Mandates to eNACH Registration: How Digital Mandates Are Changing Cash Flow

    From Paper-Mandates to eNACH Registration: How Digital Mandates Are Changing Cash Flow

    What is the financial management cycle?

    What is the financial management cycle?

    Smart Investment Planning: Calculating Mutual Fund SIP Growth Easily

    Smart Investment Planning: Calculating Mutual Fund SIP Growth Easily

    Convert ETH to USD Using Price Statistics for Better Trading Decisions

    Convert ETH to USD Using Price Statistics for Better Trading Decisions

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Veterans Deserve More Than Promises: The System Must Match the Soldier’s Sacrifice

    Veterans Deserve More Than Promises: The System Must Match the Soldier’s Sacrifice

    How Ukraine Uses Psychological and Information Warfare to ‘Win,’ and What India Can Learn From This Strategy

    How Ukraine ‘Wins’ the Psychological and Informatiaon War Despite Destruction — Lessons India Cannot Afford to Ignore

    Pakistan’s ‘ship-launched ASBM’ claim doesn’t withstand technical or industrial scrutiny

    Pakistan’s ‘ship-launched ASBM’ claim doesn’t withstand technical or industrial scrutinys

    Borders Can Change: Why Rajnath Singh’s Sindh Remark is India’s New Message to Pakistan

    Borders Can Change: Why Rajnath Singh’s Sindh Remark is India’s New Message to Pakistan

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    ‘Ready to Continue Uninterrupted Shipments of Fuel to India,’ Says Putin at India-Russia Summit 2025

    ‘Ready to Continue Uninterrupted Shipments of Fuel to India,’ Says Putin at India-Russia Summit 2025

    ‘Should Work Together, Pave Way for Peace’: Says PM Modi in Bilateral Talks with Putin

    ‘Should Work Together, Pave Way for Peace’: Says PM Modi in Bilateral Talks with Putin

    Europe’s Slow Descent Into Weakness

    Europe: A Continent Happily Committing a Long-Drawn Suicide

    End of NATO? US Secretary of State Marco Rubio May Skip Foreign Ministers’ Meet in Brussels for First Time in Two Decades

    End of NATO? US Secretary of State Marco Rubio May Skip Foreign Ministers’ Meet in Brussels for First Time in Two Decades

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Despite Nehru’s objection, Rajendra Prasad became India’s first President !

    How Nehru Resisted Dr. Rajendra Prasad—from Presidency to Somnath visit  and Beyond

    Mahashivratri 2026: Astrological Meaning & Horoscope Predictions for All Signs

    Mahashivratri 2026: Astrological Meaning & Horoscope Predictions for All Signs

    Talom Rukbo Initiated the Donyi–Polo Movement: Bringing Tribal Youth Back to Their Roots

    Talom Rukbo: The Forgotten Hero Who Shielded Arunachal’s Tribal Communities from Religious Conversion

    How Guru Tegh Bahadur The Ninth Sikh Guru Became a Martyr for Religious Freedom

    How Guru Tegh Bahadur The Ninth Sikh Guru Became a Martyr for Religious Freedom

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Top 5 Reasons Why Cloud and DevOps Are the Perfect Career Combo in 2026

    Top 5 Reasons Why Cloud and DevOps Are the Perfect Career Combo in 2026

    감정을 가진 로봇의 시대가 오고 있다

    감정을 가진 로봇의 시대가 오고 있다

    Is AISaver Face Swap the Best Tool for Face Swap Video Online Free in 2025?

    Is AISaver Face Swap the Best Tool for Face Swap Video Online Free in 2025?

    Why Fat Analysis Matters in the Food and Feed  Industry?

    Why Fat Analysis Matters in the Food and Feed Industry?

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
No Result
View All Result
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
  • Economy
  • Defense
  • Geopolitics
  • Knowledge
  • Law
  • Lounge

Article 2(33) has glaring loopholes in it and every juvenile monster benefits from it

Shivam Jaiswal by Shivam Jaiswal
8 January 2023
in Law
Article 2(33) has glaring loopholes in it and every juvenile monster benefits from it
Share on FacebookShare on X

The social order of India is getting transformed owing to technological and economic boost in the past decades. The enhanced technology and available means have led to an alarming upsurge in Juvenile crime rate. The abundant information coming from varied sources is corrupting the minds of the youths throughout the nation. Thus, to provide for the care, protection, treatment, growth and rehabilitation of neglected and deviant youths, the Parliament enacted the Juvenile Justice Act of 1986.

But, the Delhi gang rape of 16th December, 2012, brought to light the limitations of the legislation which proved helpless in not only deterring the crime but also failed to meet the ends of justice to the victim. Further, despite subsequent amendments, the law still suffers from the fallacies of infallibility.

RelatedPosts

‘Agreed on Economic Cooperation Plan Till 2030,’ Says PM Modi in Joint Statement With Putin

‘Ready to Continue Uninterrupted Shipments of Fuel to India,’ Says Putin at India-Russia Summit 2025

“Inspiration for millions”: PM Modi Presents Russian Edition of Bhagvad Gita as Gift to Putin

Load More

Development of the Juvenile Justice Legislation in India

In India there was no pan India juvenile justice legislation in the pre-Independence era. Certain states had their own enactments, like the Madras Children Act, 1920. In the 1960s, the Union government enacted the Children Act of 1960. But this was only applicable to Union Territories and not the States. Thereafter, in Sheela Barse (II) and others vs. Union of India the Apex Court in the order dated August 5, 1986, felt the desirability of having a uniform pan-India legislation on various provisions relating to children.

The progressive stance of the judiciary was facilitated by the international advancement taking place at the time with the adoption of the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, famously known as the Beijing Rules, on 29th November, 1985, by the UNGA. Consequently, after the adoption of the Beijing Rules, India enacted the Juvenile Justice Act, 1986, to provide a comprehensive piece of juvenile justice legislation to the nation.

The Juvenile Justice Act, 1986, and thereafter, the Juvenile Justice (Care and Protection of Children) Act, 2000, were the primary legal framework for juvenile justice in India. The legislations were further amended in 2006 and 2010. However, the major wave of shock and criticism of the juvenile justice legislation hit during the Nirbhaya Gang Rape incident of 16th December, 2012. The law attracted nationwide criticism owing to its helplessness in sufficiently prosecuting the heinous crimes of juveniles.

Subsequently, the Juvenile Justice Bill, 2014, was passed by the Parliament in December, 2015 and came into force from 15th January, 2016. Despite, these progressive amendments the law still suffers from significant loopholes, as can be evident in the recent case of Shilpa Mittal v. State of NCT of Delhi. 

Factual Backdrop of the Shilpa Mittal case

In the instant case, a juvenile ‘X’, aged between 16 to 18, is alleged to have committed an offense punishable under Section 304 of the Indian Penal Code that provides a maximum penalty of imprisonment for life or up to 10 years and fine in the first part and imprisonment up to 10 years or fine, or both in the second part, with no minimum prescribed sentence.

The juvenile is alleged to have caused the death in a motor vehicle accident. At the time of occurrence, the accused was above 16 years but below 18 years of age.

The Juvenile Justice Board held that juvenile ‘X’ has committed a heinous offense and therefore, should be tried as an adult. The appeal filed to the Children’s Court was also dismissed. Thereafter, the juvenile ‘X’, through his mother approached the High Court of Delhi. The High Court held that there was no minimum sentence prescribed for the offense in question, and the said offense did not fall within the ambit of ‘heinous offense’ under Section 2(33) of the Juvenile Justice Act, 2015. Accordingly, the present appeal was filed before the Apex Court.

Prominent Issue before the Apex Court 

The extremely important and prominent issue before the Apex Court in this instant case was “Whether an offense prescribing a maximum sentence of more than 7 years imprisonment but not providing any minimum sentence, or providing a minimum sentence of less than 7 years, can be considered to be a ‘heinous offense’ within the meaning of Section 2(33) of The Juvenile Justice (Care and Protection of Children) Act, 2015?”

Dictum of the Apex Court 

The Division Bench comprising Justice Deepak Gupta and Justice Aniruddha Bose came to the conclusion that it cannot be said that the intention of the Legislature was to include all offenses having a punishment of more than 7 years in the category of ‘heinous offenses.’

The Bench opined that ‘when the intention of Legislature is unclear, the Courts cannot add or subtract words from the statute to give it a meaning which Court feels would fit into the scheme of things.’

The Bench faced the conundrum of deciphering the intention of the Legislature after analysing Section 2(33) read along with Sections 14, 15 and 19 of the juvenile legislation. The Court observed that the Legislature should have clearly spelt out the provisions in the Act.

Further, the Bench held that, there is an unfortunate gap in the provision which cannot be filled by the judiciary. Thus, suggesting that the Legislature should take the call in this matter, the Bench in exercise of its powers conferred under Article 142 directed that all children who have committed offenses falling in the 4th category, that is to say, where the maximum sentence is more than 7 years imprisonment but no minimum sentence or minimum sentence of less than 7 years is provided, shall be dealt with in the same manner as children who have committed ‘serious offenses’ within the meaning of the Act and till Parliament takes the call on the matter.

Support TFI:

Support us to strengthen the ‘Right’ ideology of cultural nationalism by purchasing the best quality garments from TFI-STORE.COM

Also Watch:

https://www.youtube.com/watch?v=sRz3tIP58pQ

Tags: Heinous OffenceHigh CourtIndiaJuvinile Justice ActLegislationSupreme Court
ShareTweetSend
Previous Post

Malayalam Film Industry is sinking and box office numbers say it all

Next Post

India has chosen side in intra-NATO rivalry

Related Posts

Supreme Court: No Fixed Timelines, No “Deemed Assent” for President or Governors on Bills
Law

“Fit to Be Dismissed”: SC Upholds Sacking of Christian Army Officer for Refusing to Enter Gurudwara During Regimental Parade

25 November 2025

Reinforcing the Armed Forces’ uncompromising commitment to discipline and unit cohesion, the Supreme Court on Monday upheld the dismissal...

Supreme Court: No Fixed Timelines, No “Deemed Assent” for President or Governors on Bills
Law

Supreme Court: No Fixed Timelines, No “Deemed Assent” for President or Governors on Bills

20 November 2025

In a landmark opinion delivered on November 20, the Supreme Court held that neither the President nor a Governor...

How Professional Legal Guidance Raises Your Settlement Value
Law

How Professional Legal Guidance Raises Your Settlement Value

5 November 2025

The task of settling an injury claim alone is like attempting to win a game without knowing the rules....

Load More

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

I agree to the Terms of use and Privacy Policy.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Currently Playing

A War Won From Above: The Air Campaign That Changed South Asia Forever

A War Won From Above: The Air Campaign That Changed South Asia Forever

00:07:37

‘Mad Dog’ The EX CIA Who Took Down Pakistan’s A.Q. Khan Nuclear Mafia Reveals Shocking Details

00:06:59

Dhurandar: When a Film’s Reality Shakes the Left’s Comfortable Myths

00:06:56

Tejas Under Fire — The Truth Behind the Crash, the Propaganda, and the Facts

00:07:45

Why Rahul Gandhi’s US Outreach Directs to a Web of Shadow Controversial Islamist Networks?

00:08:04
Facebook Twitter Instagram Youtube
tfipostTfipost.com
Right Wing | News Analysis | Indian Opinion
  • About us
  • Contact Us
  • Careers
  • Brand Partnerships
  • Terms of use
  • Privacy Policy
  • Sitemap

©2025 TFI Media Private Limited

No Result
View All Result
  • Premium
  • Politics
    • Analysis
    • Opinions
    • Trending
  • Economy
    • Business
    • Finance
  • Defense
    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
TFIPOST हिन्दी
TFIPOST Global

©2025 TFI Media Private Limited