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‘Tough Act Approach’ Towards Juveniles For Commission Of Heinous Crimes - Indian Context

‘Tough Act Approach’ Towards Juveniles For Commission Of Heinous Crimes- Indian Context : Through A Critical Analysis Of Dr. Subramanian Swamy & Ors Vs. Raju, The Member Juvenile Justice Board & Anr Case

Gowri Krishna, Symbiosis Law School


In the light of conflicting views on reformative v/s deterrence theory of punishment, one of the crucial points of discussion is the commission of heinous crimes by juveniles, i.e., individuals who are 18 years of age or below. The present analysis draws focus on the landmark case of Dr. Subramanian Swamy & Ors vs. Raju through the. Member, Juvenile Justice Boards & Anr, resulting from the shocking and appalling Gang-rape Nirbhaya Case. This case surfaced the discussion about the existing blanket protection of juveniles under the Juvenile Justice act, 2000, in case of heinous crimes. The present analysis forwards a criticism of the judgment given in the aforementioned case, while also providing a post-judgment insight into the present stance of law. A glance into the international approach towards such crimes is viewed, in order to gain a more holistic understanding of the present position in law. Finally, it identifies the shortcomings in the existing law and attempts to arrive at recommendations that would assist in providing a better system of juvenile justice in case of commission of Heinous crimes.

Keywords: Juvenile, heinous crimes, Juvenile Justice Act, 2000

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878


Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.


The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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