Code: Section 300 BNSS
300.
Nothing in this Chapter shall apply to any juvenile or child as defined in Section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
Explanation of Section 300 BNSS
Section 300 BNSS provides a crucial legal safeguard for juveniles and children, ensuring they are treated under the Juvenile Justice (Care and Protection of Children) Act, 2015, rather than regular criminal laws. The primary objective is to rehabilitate and reform minors instead of imposing punitive measures.
Key Provisions:
- Applicability: This section applies to all individuals classified as juveniles or children under Section 2 of the Juvenile Justice Act, 2015.
- Protection from Criminal Prosecution: Juveniles accused of an offense will not be tried under the provisions of this BNSS chapter.
- Rehabilitative Approach: Instead of punishment, the focus is on reform, care, and protection.
- Exclusion from Criminal Proceedings: Legal actions under this chapter of BNSS do not apply to minors.
Illustration
Example 1: Juvenile Exemption from Adult Criminal Law
A 16-year-old is accused of theft under Section 302 BNSS. Instead of being tried under the BNSS provisions applicable to adults, the child will be dealt with under the Juvenile Justice Act, ensuring a focus on rehabilitation rather than punishment.
Example 2: Minor in Conflict with Law
A 14-year-old involved in a physical altercation leading to minor injuries would typically be charged under Section 323 BNSS if they were an adult. However, due to Section 300 BNSS, the case will be handled by the Juvenile Justice Board instead.
Common Questions and Answers on Section 300 BNSS
1. What is the age limit for a person to be considered a juvenile under this section?
- Answer: As per Section 2(35) of the Juvenile Justice Act, 2015, a juvenile is a person below 18 years of age.
2. Does this section provide immunity from all legal consequences?
- Answer: No. It only ensures that minors are not tried under the BNSS but instead face proceedings under the Juvenile Justice Act, which emphasizes reform and rehabilitation.
3. What happens if a juvenile commits a heinous crime?
- Answer: In cases where the juvenile is above 16 years old and commits a heinous offense, the Juvenile Justice Board may decide whether the minor should be tried as an adult under special circumstances.
4. Can a child be sent to jail under BNSS?
- Answer: No. If a juvenile is found guilty, they will be placed in observation homes, rehabilitation centers, or under community service, as per the Juvenile Justice Act.
5. What is the role of the Juvenile Justice Board in such cases?
- Answer: The Juvenile Justice Board (JJB) is responsible for conducting inquiries and ensuring that the juvenile is rehabilitated instead of being subjected to adult criminal proceedings.
Conclusion
Section 300 BNSS ensures that minors (juveniles and children) are not subjected to the same legal consequences as adults. Instead, they are dealt with under the Juvenile Justice (Care and Protection of Children) Act, 2015, which prioritizes reformation, rehabilitation, and social reintegration over punishment. This aligns with international standards for juvenile justice and ensures a child-friendly approach to legal proceedings
