Maximum punishment for juvenile offenders not more than 10 years' imprisonment: HC

In the full text of a verdict, the High Court observed that the maximum term of imprisonment against a juvenile offender cannot be more than 10 years.

"In imposing punishment for offences punishable with death or life imprisonment, the maximum term of imprisonment against a juvenile offender or a person who became an adult during trial or detention cannot be more than 10 years," the court said.

A three-member HC bench led by Justice Md Shawkat Hossain had delivered the verdict on August 28, 2019 following an appeal filed by a child in Netrakona. The two other judges of the special bench are Md Ruhul Quddus and Justice ASM Abdul Mobin. Justice Md Shawkat Hossain is now retired.

The 63-page full text verdict was released recently after the judges signed it.

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 over the kidnapping and killing of a seven-year-old 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, who was 15 years and seven months old when the offence occurred.

In the full text verdict, the HC bench said," Confession of a child is in conflict with law recorded under section 164 of the Code of Criminal Procedure has no legal evidentiary value and, therefore, such confession cannot form the basis of finding of guilt against him".

"A juvenile court constituted under the Children Act 1974 as was in force before and under the Children Act, 2013, has 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 observed in the full text.

The HC bench also scrapped Druto Bichar Tribunal's verdict that convicted and sentenced the child to 10 years' imprisonment in the case.

The HC bench heard expert opinions from three amice curiae (friends of court) Khandker Mahbub Hossain, MI Farooqui and Shahdeen Malik before it delivered the verdict.

The then deputy attorney general Moniruzzaman Rubel told The Daily Star last night that 10 years' imprisonment as maximum punishment for juvenile offence is the axiom provision of the relevant law.