4 year old under Gangster Act

This is about the story covered in Hindustan Times, Uttar Pradesh edition on 2nd September 2009 and written by Mr. Anuraag Singh in which he shared tale of a 4-yr-old boy who was arrested in firing at police and lifting cars as claimed by Uttar Pradesh cops and from 2005 the child with his parents running in the court.

http://www.hindustantimes.com/india-news/uttarpradesh/4-yr-old-shot-at-police-and-lifted-cars-claim-UP-cops/Article1-449401.aspx

The provisions avaliable under Indian Legal System

THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000 as amended in 2006
(Act No. 56 of 2000)


Sec 2 (g). "competent authority" means in relation to children in need of care and protection a Committee and in relation to juveniles in conflict with law a Board;

Section 2 (k). "juvenile" or "child" means a person who has not completed eighteenth year of age;

Sec 2 (l). "juvenile in conflict with law" means a juvenile who is alleged to have committed an offence;

Section 7. Procedure to be followed by a Magistrate not empowered under the Act.- (1) When any Magistrate not empowered to exercise the powers of a Board under this Act is of the opinion that a person brought before him under any of the provisions of this Act (other than for the purpose of giving evidence), is a juvenile or the child, he shall without any delay record such opinion and forward the juvenile or the child, and the record of the proceeding to the competent authority having jurisdiction over the proceeding.
(2) The competent authority to which the proceeding is forwarded under sub-section (1) shall hold the inquiry as if the juvenile or the child had originally been brought before it.

Rules under the Juvenile Justice (Care and Protection of Children) Act 2000 (56 of 2000) (as amended by the Amendment Act 33 of 2006) to be administered by the States

I. Principle of presumption of innocence:
(a) A juvenile or child or juvenile in conflict with law is presumed to be innocent of any malafide or criminal intent up to the age of eighteen years.
(b) The juvenile’s or juvenile’s in conflict with law or child's right to presumption of innocence shall be respected throughout the process of justice and protection, from the initial contact to alternative care, including aftercare.
(c) Any unlawful conduct of a juvenile or a child or a juvenile in conflict with law which is done for survival, or is due to environmental or situational factors or is done under control of adults, or peer groups, is ought to be covered by the principles of innocence.
(d) The basic components of presumption of innocence are:

(i) Age of innocence
Age of innocence is the age below which a juvenile or child or a juvenile in conflict with law cannot be subjected to the criminal justice system. The Beijing Rule 4(1) clearly lays down that “the beginning of the age of criminal responsibility shall not be fixed at too low an age level bearing in mind the facts of mental and intellectual maturity”. In consonance with this principle, the mental and intellectual maturity of juvenile or child or a juvenile in conflict with law below eighteen years is considered insufficient through out the world.


Goonda or Gangster Act provides for preventive detention up to three months and imposes stringent conditions for bail.

Rule 11. Pre and Post-Production action of police and other agencies:
Sub rule (11) In dealing with cases of juveniles in conflict with law the Police or the Juvenile or the Child Welfare Officer from the nearest police station, shall not be required to register an FIR or file a charge-sheet, except where the offence alleged to have been committed by the juvenile is of a serious nature such as rape, murder or when such offence is alleged to have been committed jointly with adults; instead, in matters involving simple offences, the Police or the Juvenile or the Child Welfare Officer from the nearest police station shall record information regarding the offence alleged to have been committed by the juvenile in the general daily diary followed by a report containing social background of the juvenile and circumstances of apprehension and the alleged offence and forward it to the Board before the first hearing.

Rule 96. Application of these rules: It is hereby declared that until the new rules conforming to these rules are framed by the State Government concerned under section 68 of the Act, these rules shall mutatis mutandis apply in that State.


Indian Penal Code 1860

82. Act of a child under seven years of age –
Nothing is an offence which is done by a child under seven years of age.

83. Act of a child above seven and under twelve of immature understanding –
Nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.