19/08/2026
⚖️ Trial and Punishment of Juvenile Offenders
In Simple Words which is easy to understand.
Under our law, there is a distinct difference between the trial and the nature of punishment for a juvenile and for an adult.
With regard to juveniles, the Juvenile Justice System Act defines
a "CHILD" any person below eighteen years of age
"AGE DETERMINATION"
If a person is under 18 years of age, even by one day, his/her age shall be determined. The age shall be determined on the basis of the B-Form or any other document determining age, such as a School Certificate, etc.
"TRAIL"
If a child is under 18 years of age, even by one day, his/her trial shall *not* be conducted in the routine Trial Court where adults are tried.
"DETENTION "
Similarly, if any such child under 18 years of age is detained, either during trial or after conviction, he/she shall be kept separate from adult offenders. Separate facilities have been established for this purpose, wherein juveniles are categorized according to age. They are not kept with adults.
"CLASSIFICATION "
If a juvenile, i.e., a person under 18 years of age, commits an offence, the Juvenile Justice System Act*classifies such offences into *three categories:
1. Minor Offence
2. Major Offence
3. Heinous Offence
1. MINOR OFFENCE:
The Act provides that if the offence committed is punishable under the Pakistan Penal Code with imprisonment up to three years, it shall be deemed a "Minor Offence".
BAIL IN MINNOR OFFENCE:
If bail is applicable in such an offence, then bail is a matter of right. The Court has no discretion in this regard. Whenever the juvenile appears before the Court, the Court, by virtue of his/her right to bail, shall grant bail.
2. MAJOR OFFENCES:
For Major Offences and Minor Offences, a separate procedure is prescribed.
3. HENEOUS OFFENCE:
If the juvenile has committed a Heinous Offence, i.e., an offence punishable with imprisonment for more than seven years, then he/she shall be treated differently.
BAIL IN CASE OF LESS THAN 16 YEARS OF AGE:
In such cases, the Court shall consider the age of the child at the time of commission of the offence, not his/her present age.
If the juvenile was 16 years of age or above* at the time of commission of the crime, the Court shall then decide whether or not to grant bail.
But if the juvenile was below 16 years of age at the time of commission of the crime, then even a Heinous Offence shall be considered bailable, and bail shall be granted.
There is also a judgment of the Supreme Court on this point. The Court held that if the juvenile was exactly 16 years of age on the day the offence was committed, he/she shall be entitled to the same relief as a juvenile below 16 years.
ONE DAY ABOVE 16 YEARS :
if the juvenile was even one day above 16 years on the day of commission of the offence, the Court shall then consider whether or not to grant bail.
Furthermore, the Court may also order the juvenile to be sent to a
Reformatory Institution for the purpose of rehabilitation.
NO DEATH PENALTY.
Additionally, the law provides that if a minor above 16 years of age commits a Heinous Offence, such as murder, unlike the routine imposition of Death Penalty under Section 302 PPC, the law states that no death penalty shall be awarded to a minor under 18 years of age.
