DOLI INCAPAX: Re- Accessing the Age of Criminal Responsibility

Vol-2 | Issue-2 | February-2015 | Published Online: 05 February 2015    PDF ( 73 KB )
Author(s)
Mahalaxmi Tewari 1

1Assistant Professor, Dept. of Law, M.S. University Baroda, Gujarat (India)

Abstract

With the advancement of society, the aspect that presents a policy challenge for the criminal justice administration
system is nature of crime that is being committed by the juveniles. Children, without any doubt form the most important
stratum of the human rights pyramid. The difficulty that the current prospect presents before us is protecting both the
offender and the victim. Thus the whole debate lies in providing an appropriate legal mechanism to reflect the transition from
the age of childhood innocence through maturity to full responsibility under the criminal law. Along with specialised
institutions such as Children’s Courts and juvenile care centres, specific legal rules have been developed which differentiate
the position of children and young people within the general criminal justice system. Considerable recent attention has been
directed towards rules governing the minimum age of criminal responsibility, and the imposition of criminal responsibility
above that age depending on a youth offender’s appreciation of the wrongness of his or her act. This paper thus, analyses the
international position in various countries in order to see the contemporary practices and also examines the operation of these
rules, so that the right of childhood remains protected.

Keywords
Courts, Children, Legal, Criminal, Juvenile
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