AJ 014 Lecture Notes - Lecture 32: Social Policy, Restorative Justice
Document Summary
Court applied the two above and held that the juvenile justice act is a social legislation, the purpose of which is not rehabilitation but reformation. (reformative justice, restorative justice kept in mind) (5. ) Subramanya swamy & ors. v. raju, through member, jj board. Age is the main factor whereby someone should be given the benefit of the jja or not, not brutality of the crime. Sc was not ready to take away the benefits given to juveniles. Verma committee report juveniles should not be considered a person of majority however brutal the act is. Casus omissus doctrine act which is prohibited, person is not relevant. Law of insanity (as far as most jurisdictions): m"naughten"s case [1843] 8 eng. Believed that his lack of success was because he was constantly surrounded by enemies, one of whom was sir robert peel, the then pm.