Juvenile Justice Act : Grant Of Bail The Norm, Says P&H HC While Reprimanding JJB Head For 'Uncaring, Inept' Denial of Bail [Read Order]
4 years, 8 months ago

Juvenile Justice Act : Grant Of Bail The Norm, Says P&H HC While Reprimanding JJB Head For 'Uncaring, Inept' Denial of Bail [Read Order]

Live Law  

The Punjab and Haryana High Court on Monday rapped the Presiding Officer of a Juvenile Justice Board, stating that an "uncaring and inept discharge of functions" by judicial officers entrusted with the duty of giving effect to a "welfare legislation" would defeat the very purpose of constituting such Boards. The petitioner before the Court, a minor aged 17 years, had filed the revision assailing the order dated 18.03.2020 of the Principal Magistrate, Juvenile Justice Board, Gurdaspur, whereby his bail application was dismissed. "The powers, functions and responsibilities of the Board, prescribed under Section 8 of the Act of 2015, and the tone and tenor of Section 12 thereof, which deals with grant of bail to a child in conflict with the law, manifest in no uncertain terms the duty cast upon the Juvenile Justice Board to implement the letter of the law in true spirit, keeping in mind the ultimate interests of the child", the bench further observed, iterating that Section 12 of the Act of 2015 makes it clear that grant of bail to the child in conflict with the law should be the norm and the proviso thereto requires denial of such bail only if release of the child is likely to bring him or her into association with known criminals or expose him/her to moral, physical or psychological danger or defeat the ends of justice. "Section 12 of the Act of 2015 makes it clear that grant of bail to the child in conflict with the law should be the norm and the proviso thereto requires denial of such bail only if release of the child is likely to bring him or her into association with known criminals or expose him/her to moral, physical or psychological danger or defeat the ends of justice".

Justice Board Child Order Gurdaspur Kumar Single Juvenile Principal Magistrate Petitioner Justice Kumar Section 12 Regular Bail Juvenile Justice Board Principal Magistrate Bail Read  principal  jjb  order  uncaring  norm  petitioner  bail  read  board  coaccused  ph  reprimanding  magistrate  child  justice  juvenile

History of this topic

Mental Condition Of Youngsters Disturbing, Parents Should Closely Monitor: Kerala HC Grants Bail To 25 Yr-Old Who Attacked Mother For NYE Money
1 week, 5 days ago

Mental Condition Of Youngsters Disturbing, Parents Should Closely Monitor: Kerala HC Grants Bail To 25 Yr-Old Who Attacked Mother For NYE Money

Live Law  

The Kerala High Court stated that the mental condition of the young generation in this country is astonishing and disturbing. The Court made the above observation while allowing the bail application of a 25-year-old son who inflicted serious injuries on his mother for refusing to give money for New Year's eve celebrations. For not paying money for celebrating new year …

Seriousness Of Offence Not Ground To Deny Bail To Juvenile, 'Ends Of Justice' Mean Development, Rehabilitation, Protection Of Child: Patna HC
Trending News
1 month ago

Seriousness Of Offence Not Ground To Deny Bail To Juvenile, 'Ends Of Justice' Mean Development, Rehabilitation, Protection Of Child: Patna HC

Live Law  

The Patna High Court has reiterated that the involvement of a juvenile in an offense of serious nature is not, by itself, a ground for denying bail under the Juvenile Justice Act, 2015. It thus overturned the order of the Children Court, which had rejected the bail petition of the appellant on the grounds that he was involved in a …

'Can Reform If Sent Back To His Books': Bombay HC Grants Bail To 'Young Adult' Booked For Assault, Allows Him To Complete Class 12 Studies
1 month, 2 weeks ago

'Can Reform If Sent Back To His Books': Bombay HC Grants Bail To 'Young Adult' Booked For Assault, Allows Him To Complete Class 12 Studies

Live Law  

The Bombay High Court while granting bail to a 'young adult' booked for assaulting a man along with his 'gang members', noted that he was merely 18 years old at the time of the incident and that he was studying in Class 12 and therefore, granted him bail observing that "he will be reformed if he goes back to his …

Prosecution opposes bail of school director
2 months, 3 weeks ago

Prosecution opposes bail of school director

Hindustan Times  

The prosecution has opposed the bail application filed by the school director before the special court in connection with Karvenagar school child abuse case. The police last week arrested the 40-year-old director of the school for failing to ensure the safety and security of the children under the provisions of the Juvenile Justice Act. Currently, the main accused dance teacher …

Minor boy to be tried as adult for sexually assaulting schoolmate in Maharashtra
3 months, 3 weeks ago

Minor boy to be tried as adult for sexually assaulting schoolmate in Maharashtra

India Today  

Holding that the sexual assault of a minor girl by an accused, along with his friends, was a heinous crime committed with a "conscious decision", the Bombay High Court has upheld a decision of a Juvenile Justice Board to try a minor from Yavatmal as an adult for sexually exploiting a 14-year-old girl between 2017 and 2018 when he was …

'Bail Is The Rule, Jail The Exception' : Supreme Court Deprecates High Courts Denying Bail In Routine Manner By Fixing Deadline For Trials
3 months, 3 weeks ago

'Bail Is The Rule, Jail The Exception' : Supreme Court Deprecates High Courts Denying Bail In Routine Manner By Fixing Deadline For Trials

Live Law  

The Supreme Court on Monday granted bail to a man accused of counterfeiting currency who had been incarcerated for two years and six months invoking the principle that “bail is the rule and jail is the exception.” “Appellant has undergone incarceration for a period of two and a half years. After rejecting the prayer for bail the courts cannot provide …

Can't Shut Eyes To Atrocious Nature Of Offence: Kerala High Court Denies Bail To Police Officer Accused Of Raping Minor Girl
3 months, 3 weeks ago

Can't Shut Eyes To Atrocious Nature Of Offence: Kerala High Court Denies Bail To Police Officer Accused Of Raping Minor Girl

Live Law  

The Kerala High Court has dismissed the bail application of a police officer who is accused of raping a 14-year-old minor girl who is stated to be a member of the scheduled caste. Justice K Babu observed that Courts must not lightly entertain bail applications when "serious offences" are alleged and a "prima facie case" is made out. Ultimately, it …

Kerala High Court denies bail to cop accused of raping minor Dalit girl
3 months, 3 weeks ago

Kerala High Court denies bail to cop accused of raping minor Dalit girl

India Today  

The Kerala High Court denied bail to a police officer, accused of raping a 14-year-old school girl two years ago on Children’s Day, saying he committed a “heinous offence”. The judge, Justice K Babu, denied the bail petition of the officer, who at the time of the rape was a Student Police Cadet instructor at the victim’s school. In his …

Pune car crash: Bombay High Court to pass order on plea to release accused minor on June 25
8 months, 3 weeks ago

Pune car crash: Bombay High Court to pass order on plea to release accused minor on June 25

The Hindu  

The Bombay High Court on June 21 queried if it amounted to confinement when the juvenile accused in the Pune Porsche case was granted bail but was taken back in custody and kept in an observation home. Questioning the powers of the Juvenile Justice Board that could have sent the minor to an observation home when he was already released …

Ensure Compliance With Juvenile Justice Act: Punjab & Haryana High Court To CWC In Case Where Minor Was Allegedly Forced To Marry Old Man
9 months ago

Ensure Compliance With Juvenile Justice Act: Punjab & Haryana High Court To CWC In Case Where Minor Was Allegedly Forced To Marry Old Man

Live Law  

The Punjab & Haryana High Court has directed the Child Welfare Committee, constituted under the Juvenile Justice Act, 2015, to conduct an enquiry under Section 36 of the Act and ensure compliance, in the case of a minor girl whose parents have allegedly fixed her marriage with an old man.A 15-year-old girl had moved Court through her friend. The Punjab …

Juveniles Tried As Adults Cannot Be Deprived Of Their Right To Bail Under Juvenile Justice Act: Uttarakhand High Court
9 months ago

Juveniles Tried As Adults Cannot Be Deprived Of Their Right To Bail Under Juvenile Justice Act: Uttarakhand High Court

Live Law  

The Uttarakhand High Court has extended bail to a juvenile accused in a case registered under Sections 376, 506 of the Indian Penal Code, and Section 5/6 of the Protection of Children from Sexual Offences Act, 2012. Subsequently, the JJ Board conducted a preliminary assessment under Section 15 of the Juvenile Justice Act, 2015, and ordered that the accused be …

Pune Porsche accident: Juvenile Justice Board will decide trying teen accused as adult
9 months, 3 weeks ago

Pune Porsche accident: Juvenile Justice Board will decide trying teen accused as adult

Op India  

A Juvenile Justice Board will decide whether or not the teenager involved in mowing down two people with his luxury race car earlier this week, should be tried as an adult, the lawyer representing the accused said. Patil said that the Juvenile Justice Board monitors the assessments through regular reports and complaints reports and decides after nearly 90 days whether …

Pune car crash accused given bail after grandfather's assurance to keep him away from bad company
9 months, 3 weeks ago

Pune car crash accused given bail after grandfather's assurance to keep him away from bad company

Hindustan Times  

Pune, A 17-year-old boy, who allegedly crashed his high-end car into a motorbike killing two persons in Pune, was granted bail on a surety of ₹7,500 and an assurance from his grandfather to keep him away from bad company, as per the order. HT Image The Porsche car, allegedly driven by the 17-year-old, who the police claim was drunk at …

Scrutiny In Proceedings Must Be Avoided To Insulate & Protect Juvenile: J&K High Court Slams Disclosure Of Identity Of Juveniles In Conflict With Law
11 months, 1 week ago

Scrutiny In Proceedings Must Be Avoided To Insulate & Protect Juvenile: J&K High Court Slams Disclosure Of Identity Of Juveniles In Conflict With Law

Live Law  

The Jammu and Kashmir and Ladakh High Court has come down heavily on courts operating in the Union Territories for routinely disclosing the identities of juveniles in conflict with law in their orders. While granting bail to a 17-year-old boy accused of attempted murder in Samba district Justice Sanjeev Kumar observed, “Courts working in the Union Territory of Jammu and …

Heinousness Of Crime No Consideration For Granting Bail To Juvenile Must Consider Risk Of Association With Criminals, Juvenile's Safety: J&K High Court
11 months, 3 weeks ago

Heinousness Of Crime No Consideration For Granting Bail To Juvenile Must Consider Risk Of Association With Criminals, Juvenile's Safety: J&K High Court

Live Law  

Reaffirming the paramount importance of Section 12 of the Juvenile Justice Act, 2015 the Jammu and Kashmir and Ladakh High Court has ruled that the heinousness of the crime or other considerations, typically weighed in adult bail matters, should not influence decisions regarding juvenile bail pleas. In allowing a bail application of a Juvenile under Sec 12 of the JJ …

Supreme Court Reviews Its Order, Reiterates Juvenile Justice Rules, 2007 Are Relevant Rules For Considering Question Of Juvenility
1 year ago

Supreme Court Reviews Its Order, Reiterates Juvenile Justice Rules, 2007 Are Relevant Rules For Considering Question Of Juvenility

Live Law  

The Supreme Court reviewed its 2019 judgment wherein, while remitting the question of juvenility to the Punjab & Haryana High Court, it opined that the relevant rules to be looked into are Juvenile Justice Rules, 2001. While doing so, the Court corrected its 2019 judgment against which review was sought and held that Juvenile Justice Rules, 2007 is required to …

Justice Ramkumar Reviews India's Latest Criminal Justice Law
1 year ago

Justice Ramkumar Reviews India's Latest Criminal Justice Law

Live Law  

My comments: - This again is a welcome provision provided it is effective and foolproof. Every information relating to the commission of a cognizable offence, irrespective of the area where the offence is committed, may be given orally or by electronic communication to an officer in charge of a police station, and if given— orally, it shall be reduced to …

S. 24 JJ Act | Right To Be Forgotten By Destruction Of Juvenile Delinquency Records Is Absolute Right, State Forbidden From Seeking Such Records: Rajasthan HC
1 year, 1 month ago

S. 24 JJ Act | Right To Be Forgotten By Destruction Of Juvenile Delinquency Records Is Absolute Right, State Forbidden From Seeking Such Records: Rajasthan HC

Live Law  

Rajasthan High Court has held that the 'right to be forgotten' by the destruction of juvenile delinquency records is an absolute right if the juvenile has been extended the benefits of Section 24 of the Juvenile Justice Act, 2015. The single-judge bench of Dr. Justice Pushpendra Singh Bhati, while delivering the judgment in a plea against cancellation of public employment …

[NDPS Act] Oral Application Sufficient For Statutory Bail When IO Fails To File Final Report On Time, Extension Not Sought: Kerala High Court
1 year, 2 months ago

[NDPS Act] Oral Application Sufficient For Statutory Bail When IO Fails To File Final Report On Time, Extension Not Sought: Kerala High Court

Live Law  

In a recent matter before the Kerala High Court, a single judge bench of Justice CS Dias held that an oral application made by the petitioner, who was accused under the NDPS Act would be sufficient to release him on statutory bail due to the failure of the Investigation Officer to file the final report on time. The petitioner submitted …

Supreme Court Refuses To Entertain Petition Challenging Validity Of Section 15 JJ Act; Liberty Granted To Approach HC
1 year, 2 months ago

Supreme Court Refuses To Entertain Petition Challenging Validity Of Section 15 JJ Act; Liberty Granted To Approach HC

Live Law  

The Supreme Court bench on Monday dismissed a petition challenging the constitutionality of S.15 of the Juvenile Justice Act, 2015 which provided for a preliminary assessment of Juveniles above the age of 16, charged with heinous crimes. The advocate contended that through the petition they endeavoured to challenge certain retrogressive amendments to the JJ Act “which is leading to a …

Juvenile Justice Board's Decision To Try Child As Adult Must Be Transparent And Fair: Bombay High Court
1 year, 8 months ago

Juvenile Justice Board's Decision To Try Child As Adult Must Be Transparent And Fair: Bombay High Court

Live Law  

Owing to several procedural lapses by the Juvenile Justice Board, Yavatmal, the Bombay High Court ordered re-adjudication of a plea to try two juveniles as adults in the case of a gang-rape of a minor girl. Justice GA Sanap at the Nagpur bench noted that the JJB’s roznama didn’t specify if the juveniles or their advocates were even given a …

Juvenile Directed To Be Tried As Adult Can Seek Bail From Children's Court U/S 12 JJ Act, Need Not Resort To CrPC: Karnataka High Court
2 years ago

Juvenile Directed To Be Tried As Adult Can Seek Bail From Children's Court U/S 12 JJ Act, Need Not Resort To CrPC: Karnataka High Court

Live Law  

The Karnataka High Court has made it clear that once an order is passed under Section 15 of the Juvenile Justice Act, holding that a child in conflict with law is required to be tried for heinous offences as an adult, the JJ Board has no jurisdiction to consider the bail application pending before it. A single judge bench of …

Allahabad High Court Grants Bail To Juvenile U/S 12 JJ Act, Says Nature Of Offence Not A Relevant Ground For Rejection
2 years ago

Allahabad High Court Grants Bail To Juvenile U/S 12 JJ Act, Says Nature Of Offence Not A Relevant Ground For Rejection

Live Law  

A bench of Justice Sanjay Kumar Pachori of Allahabad High Court granted bail under section 12 of JJ Act to a person, who was at the time of incident juvenile and accused of heinous offence. The bail application of the accused person charged under Sections 302,201,34 of Indian Penal Code was rejected by the JJ Board on the ground of …

Explained: What Happens To Order Of Conviction When Juvenility Of Accused Is Proved Under Juvenile Justice Act?
2 years ago

Explained: What Happens To Order Of Conviction When Juvenility Of Accused Is Proved Under Juvenile Justice Act?

Live Law  

Under the Juvenile Justice Act, 2015, a person accused of an offence at any stage can raise a claim that he or she was a minor on the date of the commission of offence. The court is legally bound to order an inquiry to determine the age and if the claim of juvenility is proved, the accused is to be …

Bombay High Court grants bail to 17-year-old murder accused being tried as an adult
2 years, 4 months ago

Bombay High Court grants bail to 17-year-old murder accused being tried as an adult

India Today  

While granting bail to a 17-year-old boy who was being tried as an adult, Justice Bharti Dangre of the Bombay High Court said that merely because a juvenile is being tried as an adult does not mean that he can be denied the benefit of the provisions of the Juvenile Justice Act. The 17-year-old was seeking bail under Section 12 …

Factors Like Nature Of Crime, Methodology Adopted Assume Significance In Denying Bail To A Juvenile: Allahabad High Court
2 years, 4 months ago

Factors Like Nature Of Crime, Methodology Adopted Assume Significance In Denying Bail To A Juvenile: Allahabad High Court

Live Law  

The Allahabad High Court has observed that factors such as the nature of the crime, the methodology adopted, the manner of commission, and the evidence available assume ample significance in deciding to deny bail to a juvenile. The bench of Justice Jyotsna Sharma observed thus as it stressed that bail to a juvenile is not a must in all cases …

Seeking minor's confession of crime unconstitutional, declares Delhi High Court
2 years, 5 months ago

Seeking minor's confession of crime unconstitutional, declares Delhi High Court

Firstpost  

The high court was hearing a criminal reference relating to the issuance of guidelines to be followed by Juvenile Justice Boards in conducting preliminary assessments before sending a minor for trial as an adult New Delhi: Seeking a confession about an alleged crime committed by a juvenile is unconstitutional as a “presumption is raised at the pre-trial stage itself that …

Avoid Hyper-technical Approach In Deciding Juvenility Claim; If Two Views Possible, Lean In Favour Of Accused : Supreme Court
2 years, 6 months ago

Avoid Hyper-technical Approach In Deciding Juvenility Claim; If Two Views Possible, Lean In Favour Of Accused : Supreme Court

Live Law  

Revealing a rather unpleasant truth, the Supreme Court of India on Monday lamented that once children are caught in the web of adult criminal justice system, it is difficult for them to get out of it unscathed. Going through the provisions of the Act, the Court said that as per Section 20 of the 2000 Act, in all cases where …

'Education cannot be discontinued': Bombay HC grants bail to juvenile accused of gang-raping minor
2 years, 6 months ago

'Education cannot be discontinued': Bombay HC grants bail to juvenile accused of gang-raping minor

India Today  

The Bombay High Court has granted bail to a man who was arrested in a gang-rape case two years ago when he was a juvenile, noting that he has responded positively to the rehabilitative efforts. With the principle of ‘presumption of innocence’ incorporated in Section 3 of the Juvenile Justice Act, he is presumed to be innocent till he is …

Juvenile Justice | Only JJB And Not Trial Court Has Power To Determine Juvenility U/S 94: Madhya Pradesh High Court
2 years, 6 months ago

Juvenile Justice | Only JJB And Not Trial Court Has Power To Determine Juvenility U/S 94: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court, Indore Bench recently held that the trial court does not have the power under Section 94 of Juvenile Justice Act, 2015 to determine the age as contested by the accused and that the same can be exercised only by the Juvenile Justice Board. Setting aside the order passed by the lower court whereby it had …

Juvenile Apprehending Arrest May 'Suo Moto' Appear Before JJ Board To Seek Bail: Punjab & Haryana High Court
2 years, 7 months ago

Juvenile Apprehending Arrest May 'Suo Moto' Appear Before JJ Board To Seek Bail: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court while dealing with a case involving juvenile in conflict with law who allegedly committed offences punishable under Sections 379-B, 427, 511 of the IPC, held that if the juvenile in conflict with law suo motu makes appearance before Juvenile Justice Board concerned in respect of the petition offences, thereupon the said appearance would be …

Kerala High Court Grants Bail To Tuition Teacher Accused Of Sexually Assaulting Minor Boy For 8 Years
2 years, 7 months ago

Kerala High Court Grants Bail To Tuition Teacher Accused Of Sexually Assaulting Minor Boy For 8 Years

Live Law  

The Kerala High Court on Wednesday released on bail a man accused of sexually assaulting his student over a span of eight years, finding that he had been in judicial custody for over a month. Justice Bechu Kurian Thomas observed that although prima facie there was evidence showing that the petitioner was involved in the crime, his continued incarceration was …

Hyderabad teen gang-rape case: Four minors granted bail
2 years, 7 months ago

Hyderabad teen gang-rape case: Four minors granted bail

Firstpost  

They were directed to cooperate with investigation officials, record their attendance before the District Probation Officer on first Monday of every month and granted bail on production of two sureties of Rs 5,000 each Hyderabad: Four minor boys apprehended in connection with the gang-rape of a teenaged girl here were granted bail by the Juvenile Justice Board. They were directed …

No reason why juvenile in conflict of law cannot file anticipatory bail plea, says Bombay HC
2 years, 8 months ago

No reason why juvenile in conflict of law cannot file anticipatory bail plea, says Bombay HC

India Today  

The Aurangabad Bench of the Bombay High Court has held that a juvenile in conflict with the law can file an anticipatory bail application. The bench of Justices SV Kotwal and BP Deshpande observed that denying a juvenile in conflict with law an opportunity to exercise the right of preferring an anticipatory bail application under Section 438 of the Criminal …

Affirming the primacy of bail
2 years, 8 months ago

Affirming the primacy of bail

Hindustan Times  

An unfortunate facet of the Indian criminal justice system is the prolonged incarceration of people not convicted of any crime because of denial of bail. Despite four decades of Supreme Court jurisprudence stressing the importance of granting bail as a matter of practice and jail time only in exceptional circumstances, thousands of people continue to languish behind bars even as …

'Presumption Of Innocence U/S 3(i) Juvenile Justice Act Not Applicable To Adult Co-Accused': J&K&L High Court
2 years, 8 months ago

'Presumption Of Innocence U/S 3(i) Juvenile Justice Act Not Applicable To Adult Co-Accused': J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has made it clear that the presumption of innocence in favour of a juvenile under Section 3 of the Juvenile Justice Act, 2015 cannot be applied to the adult co-accused in a crime.Justice Sanjay Dhar thus rejected the contention raised by the Petitioners herein that since the. The Jammu and Kashmir and …

Hyderabad gang rape: When can juveniles be tried as adults?
2 years, 9 months ago

Hyderabad gang rape: When can juveniles be tried as adults?

Firstpost  

The police probing the gang rape of a teenage girl in Hyderabad want to prosecute the five arrested minors as adults. This is allowed after the 2015 amendment to the Juvenile Justice Act, if they are accused of a ‘heinous crime’ and are between the ages of 16 and 18 Police officials, investigation the gang rape of a teenage girl …

Karnataka High Court Grants Bail To Juvenile Incarcerated For 2.5 Yrs; Maximum Punishment If Found Guilty Would Be 3 Yrs
2 years, 11 months ago

Karnataka High Court Grants Bail To Juvenile Incarcerated For 2.5 Yrs; Maximum Punishment If Found Guilty Would Be 3 Yrs

Live Law  

Observing that whereas the maximum punishment in respect of the alleged offence for which the accused, who was 17 years old at the time, is booked is of 3 years and he has already spent about 2½ years in custody, the Karnataka High Court passed an order granting bail. His application for bail under Section 12 of the Juvenile Justice …

Can't Deny Bail To A Juvenile If A Similarly Circumstanced Adult Offender Has Been Granted Bail: Allahabad High Court
2 years, 11 months ago

Can't Deny Bail To A Juvenile If A Similarly Circumstanced Adult Offender Has Been Granted Bail: Allahabad High Court

Live Law  

The Allahabad High Court has reiterated that a Juvenile has a right to be released on bail where a similarly circumstanced adult offender has already been extended that liberty.The Bench of Justice Shamim Ahmed was of the further view that once the adult co-accused has been admitted to bail, there would be no justification to additionally test the case of …

Identity Of Juvenile Is Not To Be Disclosed: Allahabad High Court Reminds Its Registry
3 years ago

Identity Of Juvenile Is Not To Be Disclosed: Allahabad High Court Reminds Its Registry

Live Law  

The Allahabad High Court has reiterated that the identity of a juvenile/ child in conflict with law must not be disclosed. The counsel also stated that the revisionist has no criminal antecedent, it was further submitted that Juvenile Justice Board as well as the Appellate Court have not appreciated the Social Information Report of the Probation Officer in its right …

S. 167 (2) CrPC| Date Of Remand To Be Included While Considering Plea For Default Bail: Madras High Court Reiterates
3 years, 1 month ago

S. 167 (2) CrPC| Date Of Remand To Be Included While Considering Plea For Default Bail: Madras High Court Reiterates

Live Law  

Reiterating that the date of remand will be computed while considering an application for statutory bail, Madras High Court observed that the right to default bail is part of the procedure established by law under Article 21 of the Constitution, hence an indefeasible fundamental right.The single-judge bench of Justice M. Nirmal Kumar was considering the plea by a POCSO accused, …

Delhi High Court Orders Release Of Child In Conflict With Law, Incarcerated In Observation Home Despite Bail
3 years, 2 months ago

Delhi High Court Orders Release Of Child In Conflict With Law, Incarcerated In Observation Home Despite Bail

Live Law  

The Delhi High Court on Wednesday directed the release of a child in conflict with law who was incarcerated in an observation home despite an order passed by the Juvenile Justice Board granting him bail. It was the case of the DCPCR that the child in conflict with law was granted bail by the JJ Board under Section 12 of …

Right to seek bail implicit in Constitution: Supreme Court
3 years, 5 months ago

Right to seek bail implicit in Constitution: Supreme Court

The Hindu  

The Supreme Court has held that the right to apply for bail is an “individual right” implicit in the Constitution. “The right of an accused, an undertrial prisoner or a convicted person awaiting appeal court’s verdict to seek bail on suspension of sentence is recognised in Sections 439, 438 and 389 of the Code of Criminal Procedure,” a judgment by …

Proviso To Section 15(1) Of JJ Act- "Assistance Of Experienced Psychologists Or Psycho-Social Workers Or Other Experts Is Mandatory": MPHC
3 years, 5 months ago

Proviso To Section 15(1) Of JJ Act- "Assistance Of Experienced Psychologists Or Psycho-Social Workers Or Other Experts Is Mandatory": MPHC

Live Law  

The Madhya Pradesh High Court on Monday held that it is mandatory for Juvenile Justice Board to take the assistance of experienced psychologists or psycho-social workers or other experts while conducting a preliminary assessment with regard to a child's mental and physical capacity to commit a heinous offence.The Bench of Justice Shailendra Shukla has held that for. The Madhya Pradesh …

Parliamentary panel decides not to push for lowering age limit of juvenile offenders under POCSO
3 years, 7 months ago

Parliamentary panel decides not to push for lowering age limit of juvenile offenders under POCSO

Firstpost  

Minor offenders under POCSO are currently tried under the Juvenile Justice Act, which also has a provision that let’s the juvenile justice board decide whether an offender above 16 years of age should be tried as an adult A key parliamentary panel has decided not to push for lowering the age limit to 16 years from 18 years for juveniles …

"May Victimize Other Innocent Children; Grave Threat To Society": P&H HC Denies Bail To Man Accused Of Committing Unnatural Sex With 8 Y/O
3 years, 8 months ago

"May Victimize Other Innocent Children; Grave Threat To Society": P&H HC Denies Bail To Man Accused Of Committing Unnatural Sex With 8 Y/O

Live Law  

The Punjab and Haryana High Court has denied bail to a man accused of committing unnatural sex with an 8 year old child after observing that he may victimize other innocent children if set free.Calling the accused a grave threat to the society, a single judge bench comprising of Justice HS Madaan observed thus:"He has spoiled the life of a …

"Not A Child But A Neo-Adult': Delhi Court Grants Bail To 19 Year Old Murder Accused
3 years, 8 months ago

"Not A Child But A Neo-Adult': Delhi Court Grants Bail To 19 Year Old Murder Accused

Live Law  

A Delhi court granted bail to a 19-year-old accused of murder charges by opining that the accused may be an adult in the eyes of law, however, his mental age might not be in consonance with the legislated age of maturity. Additional Sessions Judge Vishal Gogne of the Dwarka District Courts observed, "The applicant, 19 years in age, is not …

Complainant Not Entitled To Hearing In Bails Plea Under Juvenile Justice Act: Rajasthan High Court
3 years, 8 months ago

Complainant Not Entitled To Hearing In Bails Plea Under Juvenile Justice Act: Rajasthan High Court

Live Law  

The Rajasthan High Court has ruled that it is not obligated to provide the complainant with an opportunity of hearing while adjudicating upon a bail application of a juvenile accused under the Juvenile Justice Act, 2015.Justice Sandeep Mehta observed that a holistic reading of the provisions of the Juvenile Justice Act indicate that the legislation does not direct the Courts. …

"No Express Bar Of Application Of Anticipatory Bail Under Sec. 438 CrPC To Children In Conflict With Law Under JJ Act": Gujarat High Court
3 years, 9 months ago

"No Express Bar Of Application Of Anticipatory Bail Under Sec. 438 CrPC To Children In Conflict With Law Under JJ Act": Gujarat High Court

Live Law  

The Gujarat High Court has observed that there is no express bar of application of anticipatory bail under sec. A Single Judge bench comprising of Justice AY Kogje observed thus: "…this Court is of the opinion that there is no expressed bar of application of Section 438 of the Code to the children. A Single Judge bench comprising of Justice …

POCSO-Victims Entitled To Receive Information About Court Proceedings Including Status Of Bail Of Accused: J&K HC
4 years, 2 months ago

POCSO-Victims Entitled To Receive Information About Court Proceedings Including Status Of Bail Of Accused: J&K HC

Live Law  

The Jammu and Kashmir High Court has held that victims are entitled to receive most appropriate information of the proceedings which would include the status of the accused including his/her bail, temporary release, parole or pardon, escape, absconding from justice or death. As per Guideline 2.2 contained therein, Children have the right to information about the case in which they …

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