CrPC Section 371
Section 371 CrPC: Procedure to be followed where accused is a juvenile
Text of Section 371 CrPC:
"Where a person accused of an offence is a juvenile, the procedure prescribed by law for the trial of juvenile offenders shall be followed."
Explanation:
Who is a Juvenile?
A juvenile is generally defined as a person who is below 18 years of age (though this age limit can vary slightly depending on specific laws).
Juveniles are considered to require special protection and a different legal process compared to adults.
What does Section 371 say?
If an accused person is a juvenile, then the special procedure established for juvenile offenders must be followed.
This means the standard criminal trial procedure does not apply to juveniles.
Instead, the trial follows the Juvenile Justice (Care and Protection of Children) Act, 2015 or any other relevant juvenile justice law.
Why this special procedure?
Juveniles are treated differently because of their age, mental development, and potential for reform.
The juvenile justice system focuses on rehabilitation and reform rather than punishment.
Trials are conducted in a more confidential, less adversarial manner.
Key features of juvenile procedure:
Trial by a Juvenile Justice Board instead of a regular criminal court.
Proceedings are held in private to protect the child’s identity.
Emphasis on counseling, guidance, and welfare.
Different sentencing options focused on care, supervision, and reform.
Summary Table:
| Aspect | Details |
|---|---|
| Who | Accused person below 18 years (juvenile) |
| Procedure to be followed | Juvenile justice procedure, not regular trial |
| Governing law | Juvenile Justice (Care and Protection of Children) Act, 2015 |
| Aim | Rehabilitation, reform, and protection |
Example:
If a 16-year-old is accused of theft, the case will not be tried in a normal criminal court.
Instead, the Juvenile Justice Board will handle the case according to the juvenile justice law.
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