Tuesday, 15 February 2022

Case analysis part 1 of Juvenile justices

 

                                                      Graham v. Florida


                                                CASE ANALYSIS 

                                                                                                              BY SRIHARI


INTRODUCTION 

The IPC (Indian Penal code) talks about the offences there might offences that may be in the exception of the crime. That is defined the genral exception of the crime which comes under the aspect of the offences where the if the adult is been done the crime it is an offences but the crime which is done is not the offences. 

Facts of case 

The defendant was the age of 16 years old when he committed the Burglary with assault and attempted the robbery. Though he was charge as an adult and he pleaded guilty and he pleaded guilty to the charges. Later on, he was adjugated for the violation of the conditions of prohibition. 

Issues of case 

In the above case whether there was violation of the fundamental right and is there was the exception a chance to take defenses on the IPC? 

Case analysis 

In the above cases when we talk about the first, they consider of the age factor first they should have been considered before pronouncing the final judgement.  In the case there is another concept which did not notice of the constitution that is Double jeo Parada where there is violation where it is not permit to keep the punishment repeating the offender for giving the punishment will not be entertained. 

Why the age does not consider? Being there as a judge and knowing the law they should consider the factor on the ground basis how they can file the case. In this concept the general exception of IPC where they will be treated in the separate the way like in juvenile justices. In this case they talked about were the offence's committed is the crime but the degree of the offences may be different for  each other. As the essentials of the Indian Peanl code  is different from each other  and the pusnhiment is not same as the offences which they have committed. 

But the aspect of the age that is why they is section is been different from the other sections. In This one such strong defenses that has the made a much wider impact. Because under the constitution there is one article right to equity every perish is equal before . But the pusnhiment which are given to the adults is much having greater impact on other on the occasions of the offences' . 




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