Rajasthan APO 2024 Prelims Paper

'Child in Conflict with Law' means -

Verified Answer
A. A child who is alleged or found to have committed an offence and who has not completed eighteen years of age on the date of commission of such offence.
B. A child above the age of seven years and less than twelve years of age.
C. A child who is alleged or found to have committed an offence and who has not completed sixteen years of age on the date of commission of such offence.
D. A child above the age of twelve years and less than sixteen years of age.

Explanation:

This question requires knowledge of the definition of 'Child in Conflict with Law' as provided in the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act, 2015). This Act is the primary legislation in India dealing with children who come into contact with the law, either as victims or as offenders. The definition is crucial for determining the applicability of the juvenile justice system. Let's analyze each option: * **Option (1) A child who is alleged or found to have committed an offence and who has not completed eighteen years of age on the date of commission of such offence:** This is the correct answer. Section 2(13) of the Juvenile Justice (Care and Protection of Children) Act, 2015, precisely defines 'child in conflict with law' as 'a child who is alleged or found to have committed an offence and who has not completed eighteen years of age on the date of commission of such offence.' This definition is central to the Act's purpose, establishing the age of majority for criminal responsibility under the juvenile justice system at 18 years at the time of the offense. * **Option (2) A child above the age of seven years and less than twelve years of age:** This age range (7-12 years) is not the definition of 'child in conflict with law' under the JJ Act, 2015. While the Indian Penal Code (IPC) has provisions like Section 82 (nothing is an offence which is done by a child under seven years of age) and Section 83 (nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct on that occasion), these relate to criminal capacity under general criminal law, not the specific definition of 'child in conflict with law' under the JJ Act, which sets the upper age limit at 18. * **Option (3) A child who is alleged or found to have committed an offence and who has not completed sixteen years of age on the date of commission of such offence:** This definition was relevant under the earlier Juvenile Justice (Care and Protection of Children) Act, 2000, where the age of majority for criminal responsibility was 16 years. However, with the enactment of the JJ Act, 2015, this age limit was raised to 18 years for most offenses. While the 2015 Act does make specific provisions for children between 16 and 18 years who commit 'heinous offenses' to be tried as adults under certain circumstances, the general definition of 'child in conflict with law' remains up to 18 years. Therefore, this option is incorrect for the current Act. * **Option (4) A child above the age of twelve years and less than sixteen years of age:** Similar to option (2), this age range does not constitute the definition of 'child in conflict with law' under the JJ Act, 2015. It refers to a specific age bracket that might have different implications under various laws but is not the statutory definition sought by the question. Therefore, the most accurate and legally correct definition of 'Child in Conflict with Law' as per the Juvenile Justice (Care and Protection of Children) Act, 2015, is provided in option (1).