In this article, you will learn how a person’s age affects criminal responsibility under Pakistani law. Recently, Justice Tariq Sheikh authored an important judgment in which he discussed, in detail, various precedents relating to the Juvenile Justice System Act.
Before discussing the Juvenile Justice System Act, it is important to understand the basics of the Pakistan Penal Code, 1860, which is a substantive law defining different offences and their punishments.
General Exceptions Under the Pakistan Penal Code
The law provides certain general exceptions based on age:
- Children below 10 years of age:
Under Section 82 of the Pakistan Penal Code, if a child under the age of 10 commits an act, it does not amount to an offence.
The law assumes that such a child lacks the mental capacity (mens rea) to form criminal intent. - Children between 10 and 14 years of age:
Section 83 provides a conditional exemption. If a child between 10 and 14 years has not attained sufficient maturity to understand the nature and consequences of their actions, they will not be held criminally liable.
The court evaluates whether the child had the capacity to understand their conduct.
The underlying principle is that young individuals can be reformed and reintegrated into society rather than punished harshly.
Juvenile Justice System Act, 2018
Pakistan, after signing international conventions on child rights, enacted the Juvenile Justice System Act, 2018, which provides special protections to juveniles.
Bail for Juveniles
Section 6 of the Act is particularly important:
- If an accused person is below 16 years of age, they are generally entitled to bail, regardless of the nature of the offence.
This principle has been clarified in the case of Mehran vs. Ubaidullah and Others (PLD 2024 Supreme Court 843), where the Supreme Court held that Section 6(4) indirectly mandates bail for juveniles under 16.
Categories of Offences
The Juvenile Justice System Act classifies offences into three categories:
- Minor Offences
Punishable with imprisonment up to 3 years. - Major Offences
Punishable with imprisonment from 3 to 7 years. - Heinous Offences
Punishable with imprisonment exceeding 7 years (including serious crimes like murder or rape).
Bail in Different Types of Offences
- Minor offences: Already bailable.
- Major offences: Even if bail is not normally granted, juveniles under 16 are still entitled to bail.
- Heinous offences: Even in serious allegations, if the accused is under 16, bail should be granted.
Additional Protection for Juveniles
If the accused is under 18 years of age:
- Under Section 6(5), if the juvenile has been detained for six months and the trial has not been completed without fault on their part, they are entitled to release on bail.
Special Procedures for Juveniles
The law provides several safeguards:
- Juvenile cases are tried in Juvenile Courts
- Social Investigation Reports are prepared
- State counsel is provided to the juvenile
- Arrest procedures are different (e.g., use of handcuffs is restricted)
- Investigations are supervised by a senior officer (not below BPS-17)
The Juvenile Justice System Act overrides other laws where applicable to ensure the protection of minors.
Conclusion
Pakistani law strongly emphasizes the protection, rehabilitation, and fair treatment of juveniles. Despite these protections, many legal practitioners fail to properly invoke these provisions in court.
If you are handling a juvenile case, it is essential to thoroughly study the Juvenile Justice System Act to ensure that the rights of the minor are fully protected.