Introduction and concept of delinquency

-
   Introduction and concept of delinquency 

Meaning and definition of juvenile pros and cons

Generally juvenile means a child. Juvenile also denotes "young, teenage, adolescent, junior, and pubescent", baby, infant, youth, child, minor/minority, etc. In dictionary meaning it is "connected with young people who are not yet adults."The term ‘juvenile’ began to be used when states passed the laws for establishing the legal age for adulthood.  Juvenile refers to any person under the legal age of majority. There is no debate that juvenile means a person who is below the certain age of law defined. The Children's Act, 1992 defines juvenile as "every human being below the age of sixteen years." International Convention on the Rights of Child has defined “juvenile means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier." We came into conclusion that juvenile means a young persons whose age is 18 years as a general international standard and may be the below or above the municipal law can determine the age.

Meaning, Definition, Nature and Characteristic of Juvenile Delinquency and Status Offence

Juvenile delinquency is made up of two different words- 'juvenile' and 'delinquency'. The term 'juvenile' is derived from Latin word-'Juvinis' and 'delinquency' is derived from Latin word 'delinquer', the meaning is 'to make mistake, lack, skip, failure to perform a task or duty or unable to perform socially abide duty.' Juvenile delinquency is an act of being unable to perform duty because of his/her immaturity. Delinquency is a kind of behavior committed by juvenile or minor which is not conforming to existing laws, social standards, norms, rules and values.Juvenile delinquency is such kinds of phenomenon which is taken differently by various discipline. Many denominations or approaches have been developed to define juvenile delinquency.

Legal definition: The norm-violating behavior that is legally classified as juvenile delinquency.

Role definition: The juvenile whose role performance is identified as delinquents. It has focused on the actor.Societal response definition: The member of the social group or society that reacts to the actor and the act and finally determines whether or not delinquency has actually been committed and if the offender is true juvenile delinquents.In Medical perspective it denotes children with deviant conduct, in sociological perspective it is called non-adoptive young, in juridical perspectiveit is infant delinquent and in psycho-educational perspective it is known as problem children. In Legal Perspective juvenile delinquency is such kinds of act committed against law by non-adult person.

Juvenile delinquency refers to the law-violating behavior of children, could encompass the criminal activities committed by children. Delinquent behavior is prohibited by law and carried act by youths under statutory age. The exact lower and upper age limits differ from state to state. The upper ages limits vary between states, with some of them are using 16 or 17, but most of them are using 18 years. Generally, two types of behavior for juveniles are legally prohibited. The first includes behavior which is criminal for adults, such as serious offences of murder, rape, fraud, burglary, rubber and trespassing, possession of drugs is also included in this category.

Status offences are the second type of delinquent behavior and they are not legally prohibited for adults. Running away from home, being out of control of parents and being truant from school are status offenses. Status offences are offences that are only punishable because of juvenile status of the people who have committed them; they are not inherently criminal. They are curfew violation, school truancy, running away from home, alcohol consumption, marriage without parental permission, disregard for or misuse of lawful parental authority, delinquents acts committed by a juvenile younger below than 10 years of age. 


Popular posts from this blog

JUDICIAL ACTIVISM IN NEPAL

-
General Background • The term "Judicial Activism" came into existence in the twentieth century to describe the act of judicial legislation i.e. judges involve in making positive law . • Judicial activism is the term used for the active role played by the court in a situation where statutory law is silent or even contrary. • In its early stage, judicial activism emerged in a form of judicial review, later on judiciary's active role in social life. Nowadays, public interest litigation (PIL) is an important area of judicial activism. • The present Constitution of Nepal provides fundamental rights provision for the special protection of women, children, aged, disable, marginal masses and disadvantage groups, and socio-economically deprived people . • It establishes an independent of judiciary equipped with the power of judicial review in order to realize social, political and economic justice. It has states that anyone can argue that right of locus standi has ...
Read more

Basic Principles of Law of Evidence in Nepal

-
1. Evidence must be confined to the matters in Issue 2. Best Evidence must be produced 3. Hearsay evidence is no evidence 4. He who asserts must prove 5. Principle of Estoppel Evidence must be confined to the  matters in Issue • Principle cause behind this principle is to save time of the court for not being collected unnecessary evidence and make easy to arrive in decision. • However, the court’s decision should be depended on the evidence to be presented by the disputants. • Basic theme of this principle is that the evidence to be collected either by court or to be presented by disputants should be directly related to the dispute. • Section 3 of the Evidence Act, 2031 and Section 184a of the Court Procedure (Muluki Ain) are directly related to this principle. Section 3 of the Evidence Act States that:  The court may examine evidence on the fact in issue which is to be decided by it and the relevant fact thereof.  Explanation: "Rel...
Read more

Understanding Administrative law in context of Nepal

-
Administrative Law is the law related with the administrative functions of the Administrative Agencies (the Government and its Departments). The Law involves the study of the following broad topics: Check abuse of administrative power Ensuring citizens an impartial determination of their disputes by officials Protect citizens from unauthorized encroachment on their rights and interests Make those who exercise public power be accountable to people Rule of Law is one of the most fundamental aspects of modern legal systems. Simply said, the rule says, 'howsoever high you may be; the Law is above you'. It specifies that the Law is supreme and that no human being is higher than the authority of Law. A V Dicey stated three principles to the term 'Rule of Law'. 1. Supremacy of Law :- Law is the absolute supreme and predominant as opposed to influence of arbitrary power or discretionary power. 2. Equality before Law:- There must be equali...
Read more