Section 300 of the Bharatiya Sakshya Adhiniyam, (BSA), 2023
Section 300: Non-application to Juveniles and Children
Textual Summary:
This section states that the provisions of this Chapter of the Bharatiya Sakshya Adhiniyam (Indian Evidence Act), 2023, do not apply to juveniles and children as defined in the Juvenile Justice (Care and Protection of Children) Act, 2015.
Detailed Explanation:
Context and Purpose:
The Bharatiya Sakshya Adhiniyam (BSA), 2023, is the new comprehensive evidence law that governs how evidence is handled in courts across India. It covers procedures for presenting evidence, examining witnesses, and determining the admissibility of evidence in trials.
Why Exclude Juveniles and Children?
Juveniles and children are considered a vulnerable category in the legal system. India has a specialized law for them — the Juvenile Justice (Care and Protection of Children) Act, 2015 — which provides a child-friendly justice system that emphasizes rehabilitation and care over punishment.
The BSA recognizes this special status by excluding juveniles and children from the application of its evidence rules to ensure their cases are dealt with under the more protective and rehabilitative framework of the Juvenile Justice Act.
Who are Juveniles and Children?
According to Section 2 of the Juvenile Justice (Care and Protection of Children) Act, 2015:
A juvenile or child in conflict with law means a person who has not completed eighteen years of age on the date of commission of the offence.
A child in need of care and protection means a person below 18 years of age who is in need of care due to various reasons like being abandoned, orphaned, etc.
Implication of Exclusion:
Because of this exclusion:
The special procedures and safeguards designed under the Juvenile Justice Act will govern the evidence and trial process for juveniles and children, rather than the standard provisions of the BSA.
For instance, juveniles might be examined differently, their identity may be protected, and the manner of collecting and presenting evidence might prioritize the child’s welfare and psychological safety.
Impact on Judicial Proceedings:
Courts must ensure that when juveniles or children are involved, the trial and evidence gathering are done according to the Juvenile Justice Act. This helps prevent harsh or adult-like treatment in the criminal justice process, aligning with India’s commitment to international conventions like the UN Convention on the Rights of the Child (UNCRC).
In Summary:
Section 300 explicitly carves out juveniles and children from the application of the evidence law under the BSA.
This ensures their cases are handled under a separate, specialized legal framework that emphasizes protection and rehabilitation.
It highlights India’s commitment to treating juveniles and children differently in the justice system to uphold their rights and welfare.
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