HC: Juvenile offenders can be jailed for max 10 years
A special High Court bench has observed that confessional statement of an accused child has no legal evidentiary value and such confessions cannot form the basis of finding him guilty.
The three-member bench has also ruled that the maximum term of imprisonment against a juvenile offender cannot be more than 10 years.
"Recording confession under section 164 of the Code of Criminal Procedure (CrPC) is a part of adversarial trial system and a formal part of the procedures of the mainstream courts/tribunals. Its use against a juvenile offender is, therefore, contrary to the fundamental notion of juvenile justice system," the bench said.
The HC bench made the observation and ruling in a 63-page full text verdict which has been released recently.
The bench led by Justice Md Shawkat Hossain delivered the verdict on August 28, 2019, following an appeal filed by an accused child from Netrakona.
Two other judges of the bench are Justice Md Ruhul Quddus and Justice ASM Abdul Mobin. Justice Md Shawkat Hossain is now retired.
In the full text judgment, the HC said, "Research on neuroscience and child psychology suggests that the juveniles/adolescents are not fully capable of comprehending the consequences of their acts and deeds. They cannot control their impulses. In fact, the part of brain that enables impulse control and improves the ability of making a reasoned decision does not fully develop in adolescent age.
"Similarly, the children/juveniles are unable to comprehend the legal consequences of confessional statements.
"In many cases, they take the blame of crime they did not commit just to end the interrogation. It should be borne in mind that the children can easily be influenced and they have tendency to admit guilt for different purposes. Sometimes, they falsely confess to have committed an offence if there is possibility of getting some benefits therefrom."
In the verdict, the HC bench said, "In imposing punishment for offences punishable with death or imprisonment of life, the maximum term of imprisonment against a juvenile offender or a person, who crossed childhood during trial or detention, cannot be more than 10 years.
"A juvenile court constituted under the Children Act-1974 as was in force before and under the Shishu Ain-2013 has so exclusive jurisdiction to try the cases, where children in conflict with law are charged with criminal offences."
No other court or tribunal constituted under any other special or general law irrespective of its age of legislation has jurisdiction to try such cases unless the jurisdiction of juvenile court is expressly excluded there.
The Druto Bichar (Speedy Trial) Tribunal constituted under the Druto Bichar Tribunal Ain-2002 cannot assume the jurisdiction of juvenile court in any manner whatsoever, the HC bench observed in the full text judgment.
In 2011, the child filed the appeal with the HC challenging a trial court verdict that had sentenced him to 10 years' imprisonment in a case filed for kidnapping and killing a seven-year-old child in Netrakona in February 2010.
The Speedy Trial Tribunal-4 of Dhaka delivered the verdict on October 13, 2011, based on the confessional statement made by the accused child who was 15 years and seven months' old during the occurrence of the offence.
The HC bench also scrapped the Speedy Trial Tribunal's judgment that convicted and sentenced the child to 10 years' imprisonment in the case.
The special HC bench had heard expert opinions from three amice curiae (friends of court) -- Khandker Mahbub Hossain, MI Farooqui and Shahdeen Malik -- before it delivered the verdict.
Then Deputy Attorney General Moniruzzaman Rubel told The Daily Star yesterday that 10 years' imprisonment as maximum punishment for juvenile offence is the axiom provision of the relevant law.