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Trending: Call for Papers Volume 4 | Issue 4: International Journal of Advanced Legal Research [ISSN: 2582-7340]

BEYOND THE BARS: THE DILEMMA OF TRYING JUVENILES AS ADULTS – Banshika Gupta & Priyanshi Chakraborty

ABSTRACT

“Are we prepared to confront the dual identities of youth—innocence and culpability—in our legal system?”

On May 19, two IT professionals were killed in Kalyani Nagar after their motorcycle was hit by a speeding Porsche car allegedly driven by a juvenile in an inebriated condition. This tragic hit-and-run incident in Pune involving a minor from a wealthy family sparks outrage and investigations. This abstract delves into the legal precedents, international perspectives, amendments, and critical analysis surrounding the practice of trying juveniles as adults. The rudimentary argument for trying juveniles as adult hinges on the age of culpability and severity of the crime thus focusing on the perceived need for appropriate punishment over rehabilitation. This paper carries out qualitative research by surveying to get general public opinion on the incident mentioned above. Moreover, this paper also highlights the concept of juvenile delinquency and the underlying factors contributing to the increase in crimes committed by juveniles.

On the other side of the coin, a debate continues on the developmental differences between juveniles and adults considering the physical and mental immaturity which leads to the inability to understand the consequences of their actions. Indeed, the critics emphasize rehabilitation, reformation, and reintegration of juveniles into society.

Subsequently, this abstract aims to provide a deeper understanding of the critical and practical aftermath of this pivotal issue in the criminal justice system. Deciding whether to try a juvenile as an adult, boils down to ensuring public safety, weighing justice, and considering the chance for the young person to reform into a responsible citizen. Ultimately there is a need to balance both the severity of the offense and the potential for rejuvenation.

“Children must be taught how to think, not what to think.”

– Margaret Mead

KEYWORDS: Juvenile, Delinquency, Heinous offence, Adult, Porsche case, Juvenile Justice Act 2015