In Juvenile justice though the conviction of juveniles is aloud to stand , their sentences are set aside.
The Juvenile Justice Board must examine the case of a juvenile on merit, and if found guilty, the board must decide the punishment to be awarded. According to Section 20 of the Juvenile Justice (Care and Protection of Children) Act, 2000, the punishment for the offence committed must be left to the Juvenile Justice Board. The benefit of the 2000 Act must also be extended to the juvenile for the sentence part. If a claim of juvenility is made, the court must forward the juvenile to the Board, and the sentence passed shall have no effect. The conviction recorded by the lower court need not be set aside as the law requires a reference to be made to the Board. Several decisions have simply set aside the sentence awarded to the juvenile without interfering with the conviction recorded by the court. The Mahesh vs. State of Rajasthan and others case confirms the conviction, but the sentence imposed was modified to the period undergone. The Juvenile Justice Board must be remanded to in accordance with Section 20 of the Act of 2000.