The Juvenile Justice (Care and Protection of Children) Act, is the legislation established for juvenile justice in India.
This Act is also branded as ‘the Reformatory Act’. It deals with two categories of children, namely children in need of care and protection and children in conflict with the law.
Section 2 (k) of the Act defines the term Child or Juvenile - Juvenile or Child means a person who has not completed eighteen years of age.
Section 2 (l) of the act defines the term “Juveniles in conflict with law” - It means a Juvenile who is alleged to have committed an offense and has not completed 18 years of age as on the date of commission of such offense.
This Act provides for the establishment of different kinds of Institutions such as

Children’s Home are created for the reception of child in need of care and protection.
Special Homes are formed for the reception of child in conflict with the law
Observation Homes are established for the temporary reception of children when any inquiry is pending.

Children’s Home - Section 2[e] - "Children's Home" means an institution established by a State Government or by a voluntary organization and certified by that the government under Section 34.
Observation Home - Section 2[o] - "Observation Home" means a home established by a State Government or by a voluntary organization and certified by that State the government under Section 8 for the juvenile in conflict with law.
Shelter Home - Section 2[u] - “Shelter Home" means a home or a drop-in-center set up under Section 37.
Special Home - Section 2[v] - "Special Home" means an institution established by a State Government or by a voluntary organization and certified by that the government under Section 9.

Plea Bargaining

Plea bargaining in India is a new concept for the Indian legal system. This concept is introduced through the Criminal Law (Amendment) Act, 2005. This changed the face of the Indian Criminal Judicial system.
The source of Plea Bargaining can be attributed to the United States where about 90% of criminal cases are disposed of on the basis of Plea Bargaining.
Chapter XXI-A of the Code of Criminal Procedure, 1973 contains Sections 265 A to 265 L which deals with “Plea Bargaining”.
It is also termed as count bargaining OR sentence bargaining OR charge bargaining Or short-cut to justice.
Plea bargaining is a negotiation between the accused and the prosecution before the trial where the accused agrees to plead guilty in exchange for certain concessions by the prosecution.
It is one type of settlement in which the accused pleads guilty to a lesser charge and the prosecutors in withdraw more serious charges.
The provisions relating to Plea Bargaining are not applicable in the following matters:-

The offense in which the maximum sentence is above 7 years or capital punishment or life imprisonment.
The offense which has been committed against a woman or a child below 14 years of age.
Where the accused has been previously convicted for the same offense.
Offences which are affecting the Country's socio-economic condition.

An accused may move an application to the concerned court with the details of his case supported by an affidavit declaring that :

On receipt of application and affidavit from the accused, the trial court shall issue the notice for appearing on the date fixed for the hearing of matter to the accused and the Public Prosecutor or the complainant.
Then the examination of the accused by the court shall be conducted in camera. The Court shall have satisfied with that, the accused has submitted the application voluntarily and the accused is eligible for presenting such application.
If the court comes to conclusion that the accused had not filed the application voluntarily or previously, he was convicted for the same offense, then the Court may reject the said application and send the case back to the regular court for trial.

It helps in fast disposal of cases.
It reduces the burden of the Court
It creates a mutual understanding between the defendant and the complainant related to the case

Law Notes