Child, Who Has Not Committed Heinous Offence, Can’t Be Tried At Children’s Court: Bombay HC [Read Judgment]
6 years, 3 months ago

Child, Who Has Not Committed Heinous Offence, Can’t Be Tried At Children’s Court: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court recently held that a 'child', as is defined under Section 2 of the Juvenile Justice Act, 2000, who has not committed a heinous offence, cannot be tried at a Children's Court.Under Section 19 of the JJ Act, a Children's Court may send a child to a place of safety till he attains the age of 21 years and thereafter, the. He submitted: “The petitioners being “child” if not have committed heinous crime, then they are to be tried by Juvenile Justice Board and not to the Children's Court.” If they are tried by the Children's Court, then prejudice will be caused to them in view of Section 19 of the said Act, Joshi submitted. So, the case of these petitioners should not have been considered under section 15 of the said Act, but it straight way falls under section 18 of the said Act, which states that, when a child is found to be in conflict with law and Juvenile Justice Board is satisfied on inquiry that a child has committed either a petty offence or a serious offence and if the child is below 16 years old, then considering the nature of the offence, Juvenile Justice Board may require to take certain decisions and pass an order according to section 18 to of the said Act. In the present case, all the petitioners though are between the age group of 16 to 18 years, they have not committed heinous offences and, therefore, their case is not covered under section 15 of the said Act and no order can be passed under section 18 of the said Act of transferring the case to Children's Court.” Thus, the petition was allowed and an inquiry was directed to be conducted by the Juvenile Justice Board, Sangli, under Section 18 of the JJ Act.

Justice Board Court Child Order Act Juvenile Committed Offence Bombay Petitioners Sangli Section 307 Section 18 Section 15 Juvenile Justice Board Heinous Minimum Punishment  committed  court  offence  read  justice  juvenile  board  child  tried  childrens  heinous  judgment  act  petitioners  order  hc

History of this topic

[Juvenile Justice Act] Offence Of Wilful Neglect Must Be Committed Intentionally, Not By Accident Or Inadvertence: Kerala High Court
3 weeks, 1 day ago

[Juvenile Justice Act] Offence Of Wilful Neglect Must Be Committed Intentionally, Not By Accident Or Inadvertence: Kerala High Court

Live Law  

The Kerala High Court recently held that to constitute the offence of willful neglect as given under Section 75 of the Juvenile Justice Act, the act should be done deliberately or intentionally and not by accident or inadvertence. It is alleged that the Multi Task Providers of the institution and the petitioner, who was superintendent of the said home, violated …

Odisha HC overturns POCSO court decision referring major accused to juvenile board
1 month ago

Odisha HC overturns POCSO court decision referring major accused to juvenile board

New Indian Express  

CUTTACK: The Orissa High Court has set aside the order of Special POCSO Court, Sambalpur, referring a 20-year-old accused to the Juvenile Justice Board simply because he was a minor at the inception of a continuing offence of alleged rape. The accused shall be tried strictly in accordance with law, as a major, without recourse to the protective provisions of …

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 …

Juvenile tried as adult sentenced to 20 years for raping three-year-old in Lucknow
1 month, 1 week ago

Juvenile tried as adult sentenced to 20 years for raping three-year-old in Lucknow

New Indian Express  

LUCKNOW: A special POCSO court, on Monday, sentenced a juvenile to 20 years of imprisonment for raping a three-year-old girl. Special POCSO court judge Vijendra Tripathi clarified that if the convict failed to deposit the penalty, he would have to serve three additional months in jail. However, considering the crime committed by the juvenile as heinous, the Juvenile Justice Board …

Children's Court Must Verify If Child Can Be Tried As Adult Even If Juvenile Board Has Already Said So: Kerala High Court
1 month, 3 weeks ago

Children's Court Must Verify If Child Can Be Tried As Adult Even If Juvenile Board Has Already Said So: Kerala High Court

Live Law  

The Kerala High Court held that the Children's Court has to conduct an inquiry as to whether a child can be tried as an adult even if the Juvenile Justice Board has already passed an order saying that the child can be tried so. If the Board after preliminary assessment is satisfied that the child is to be tried as …

'Time He Lost Can't Be Restored' : Supreme Court Frees Prisoner After 25 Years, Finds He Was A Minor At The Time Of Offence
2 months, 2 weeks ago

'Time He Lost Can't Be Restored' : Supreme Court Frees Prisoner After 25 Years, Finds He Was A Minor At The Time Of Offence

Live Law  

In a remarkable judgment, the Supreme Court on Wednesday ordered the release of a prisoner, who has been under incarceration for nearly 25 years, after finding that he was a juvenile at the time of the offence in the year 1994. After that, he filed a curative petition in the Supreme Court, producing a school certificate, showing him to be …

Punjab & Haryana HC Quotes Poet Nida Fazli To Emphasise Protection Of Children, Sets Aside Order To Try Juvenile As Adult
3 months ago

Punjab & Haryana HC Quotes Poet Nida Fazli To Emphasise Protection Of Children, Sets Aside Order To Try Juvenile As Adult

Live Law  

The Punjab and Haryana High Court recently quoted poet Nida Fazli's poem while setting aside the order of the Juvenile Justice Board, to try a juvenile as an adult in a POCSO case. The Court elucidated that the preliminary assessment has a wider implication upon the child inasmuch as in the event of the J.J.B., post making preliminary assessment, declaring …

Minor Son Brought To India By Mother In 2018 Is US Citizen, Illegal Migrant In India: Rajasthan HC Allows Father's Habeas Corpus Plea
3 months, 2 weeks ago

Minor Son Brought To India By Mother In 2018 Is US Citizen, Illegal Migrant In India: Rajasthan HC Allows Father's Habeas Corpus Plea

Live Law  

The Jaipur bench of the Rajasthan High Court allowed a habeas corpus plea filed by the father of a minor child was born and earlier residing in the US, was brought to India by his mother in 2018 and had not returned even after expiration of his visa, ruling that the child shall be considered an illegal migrant in India. …

Punjab & Haryana High Court Refuses To Treat Juvenile Booked Under POCSO Act As 'Adult' Based On Psyche Assessment Done With 5 Yrs Delay
3 months, 3 weeks ago

Punjab & Haryana High Court Refuses To Treat Juvenile Booked Under POCSO Act As 'Adult' Based On Psyche Assessment Done With 5 Yrs Delay

Live Law  

The Punjab and Haryana High Court has set aside the order of a Children's Court which tried a juvenile booked under the Protection of Children from Sexual Offences Act Act as an adult.As per Section 15 of the Act, a Juvenile Justice Board is required to make a preliminary assessment regarding the juvenile's mental and physical capacity to commit an …

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

Children's Court Meant To Try Not Just Cases Where Child Rights Are Violated But Also Juveniles To Be Tried As Adults: MP High Court
4 months ago

Children's Court Meant To Try Not Just Cases Where Child Rights Are Violated But Also Juveniles To Be Tried As Adults: MP High Court

Live Law  

In a recent judgement, the MP High Court clarified the Children's Court is not only for trying the cases where child rights have been violated and victims are children but also for juveniles aged 16-18 who are accused of committing heinous offences. In Sections 15 and 18 of the Juvenile Justice Act, 2015, it is laid down that Juvenile Justice …

Trying juveniles as adults is not the answer
8 months, 1 week ago

Trying juveniles as adults is not the answer

The Hindu  

In May, a speeding car, allegedly driven by a teenager, killed two young techies in Pune. The High Court noted that the JJ Act is “not only a beneficial legislation, but is also a remedial one.” The push by some to prosecute the adolescent as an adult raises broader questions about the power of the juvenile justice system to address …

Pune car crash: Bombay High Court to pass order on plea to release accused minor on June 25
9 months 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, 1 week 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, 1 week 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 Case: The Loopholes in the Legal Framework of Our Justice System
10 months ago

Pune Porsche Case: The Loopholes in the Legal Framework of Our Justice System

The Quint  

Here's an outline of the process: Age verification and categorisation: The first step is determining the age of the accused at the time of the alleged offence. There are majorly two age groups — one of those who are below 16 years of age, who are generally tried by the Juvenile Board and are not sent to adult courts, and …

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

Over 9,600 children wrongfully incarcerated in adult prisons in India: Study
10 months, 2 weeks ago

Over 9,600 children wrongfully incarcerated in adult prisons in India: Study

Hindustan Times  

New Delhi: Children in India are being wrongfully incarcerated with approximately 9,681 children found to have been wrongly held in adult facilities over six years from January 1, 2016 to December 31, 2021, a study by indian civil society organisation ‘iProBono’ has revealed. According to the study revealed on Saturday in Delhi, it obtained responses from 50% of the total …

JJ Act | 3 Months Time Limit For Preliminary Assessment Of Juvenile As Per Sec. 14(3) Not Mandatory: Supreme Court
10 months, 2 weeks ago

JJ Act | 3 Months Time Limit For Preliminary Assessment Of Juvenile As Per Sec. 14(3) Not Mandatory: Supreme Court

Live Law  

The Supreme Court held that the time limit of three months prescribed under Section 14 of the Juvenile Justice Act, 2015 for ascertaining the mental and physical capacity of a child below the age of sixteen years to commit a serious offence is not mandatory but directory.“As in the process of preliminary inquiry there is involvement of many persons, namely,. …

"Right To Life Guaranteed To Everyone": Punjab & Haryana High Court On Protection Plea By Minor In Live-In Relationship
10 months, 3 weeks ago

"Right To Life Guaranteed To Everyone": Punjab & Haryana High Court On Protection Plea By Minor In Live-In Relationship

Live Law  

Observing that merely because petitioners are not of marriageable age it "would not deprive" them of their fundamental rights, the Punjab & Haryana High Court has directed to send a minor girl to the children's home, who was seeking protection from her relatives along with her 19-year-old live-in partner.While directing to send her to the children's home, the Court said …

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 …

Bombay High Court Orders Release Of Rape Convict Found To Be Juvenile After 19 Yrs Of Imprisonment
1 year ago

Bombay High Court Orders Release Of Rape Convict Found To Be Juvenile After 19 Yrs Of Imprisonment

Live Law  

The Bombay High Court has ordered the release of a 36-year-old rape convict after 19 years of imprisonment as he was found to be a juvenile at the time of the offence in 2005. He approached the High Court in a petition under Article 226 of the Constitution seeking release on the ground of completion of over 14 years of …

Criminals are made, not born: SC judge Sanjiv Khanna
1 year, 2 months ago

Criminals are made, not born: SC judge Sanjiv Khanna

Hindustan Times  

No one is born a criminal but is made into one by circumstances, Supreme Court judge Sanjiv Khanna said on Thursday as he inaugurated a pan-India campaign by the National Legal Services Authority aimed at identifying juveniles in prisons and providing them with essential legal assistance to ensure their freedom from adult jails. SC judge Sanjiv Khanna inaugurated a pan-India …

Supreme Court Annual Digest 2023- Juvenile Justice Act
1 year, 2 months ago

Supreme Court Annual Digest 2023- Juvenile Justice Act

Live Law  

Juvenile Justice Act, 2000 - Bone Ossification test does not give precise age, not entirely accurate. 2023 LiveLaw 1003 Juvenile Justice Act, 2000 - Primary school certificate valid proof of evidence, takes precedence over panchayat register. 2023 LiveLaw 244 Juvenile Justice Act, 2015; Section 19 - Children's Court must hold an inquiry to determine whether the child should be tried …

Supreme Court Acquits Woman In 23 Year Old Murder Case After Finding Her To Be A Juvenile At The Time Of Offence
1 year, 2 months ago

Supreme Court Acquits Woman In 23 Year Old Murder Case After Finding Her To Be A Juvenile At The Time Of Offence

Live Law  

The Supreme Court in a recent order acquitted a woman who was sentenced to suffer life-imprisonment for committing an offence of murder, after finding that she was a juvenile in 2000 when the offence took place. Setting-aside the concurring finding of the High Court and the Trial Court, the Bench of Justices Abhay Oka and Ujjal Bhuyan, noted that at …

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 …

Bombay High Court Rejects Father's Plea For Custody Of 3-Year-Old Girl Child Citing His Anger Management Issues
1 year, 3 months ago

Bombay High Court Rejects Father's Plea For Custody Of 3-Year-Old Girl Child Citing His Anger Management Issues

Live Law  

The Bombay High Court on Wednesday dismissed a habeas corpus petition filed by a 41-year-old UK citizen seeking custody of his 3-year-old daughter from his estranged wife, an Indian citizen. When the man approached the Bombay High Court in February seeking compliance with the Singapore court's order, the High Court raised concerns about the child's welfare. Despite the parties signing …

Bombay High Court Seeks Explanation For High Pendency Of 40K Cases Before Juvenile Justice Board And Child Welfare Committee
1 year, 5 months ago

Bombay High Court Seeks Explanation For High Pendency Of 40K Cases Before Juvenile Justice Board And Child Welfare Committee

Live Law  

The Bombay High Court recently flagged the collective pendency of over 40,051 cases before the Juvenile Justice Board and the Child Welfare Committee while hearing a PIL by an NGO. “…the figures of 10,008 cases pending before the Juvenile Justice Board and 30,043 cases pending before the Child Welfare Committee would amount to nullifying of spirit of the Act.” On …

Preliminary Assessment Of Mental & Physical Capacity Of Juvenile To Commit Heinous Offence Must Be Concluded Expeditiously: Delhi High Court
1 year, 7 months ago

Preliminary Assessment Of Mental & Physical Capacity Of Juvenile To Commit Heinous Offence Must Be Concluded Expeditiously: Delhi High Court

Live Law  

The Delhi High Court has ruled that every preliminary assessment under section 15 of the Juvenile Justice Act in relation to heinous offences committed by a juvenile must be initiated and concluded expeditiously in terms of section 14 of the Act. The court added: “…every preliminary assessment under Section 15 of JJ Act in relation to heinous offences must be …

Mother who surrendered child tells High Court not to give custody to 'rapist' father
1 year, 7 months ago

Mother who surrendered child tells High Court not to give custody to 'rapist' father

India Today  

In a surprising turn of events during the ongoing child custody court hearing, the mother of the child, who had surrendered the child for adoption through the state Child Welfare Committee, approached the Bombay High Court. READ | Bombay High Court gives child welfare panel 48 hrs to hand over custody of child to father Agnes also argued that the …

Bombay HC Sets Aside POCSO Conviction: Why Should We Rethink Age of Consent?
1 year, 7 months ago

Bombay HC Sets Aside POCSO Conviction: Why Should We Rethink Age of Consent?

The Quint  

Bombay High Court's Justice Bharati Dangre, in her order, pointed out: “…merely because the statute provides punishment for an act of sexual indulgence, as the girl has not attained the age of maturity i.e. 18, when it can be specifically inferred from her conduct that she was capable of understanding the consequences of her act, I am of the opinion …

Bombay High Court gives child welfare panel 48 hrs to hand over custody of child to father
1 year, 8 months ago

Bombay High Court gives child welfare panel 48 hrs to hand over custody of child to father

India Today  

The Bombay High Court has lashed out at the Child Welfare Committee of Maharashtra for putting up a child for adoption while the child's father was seeking his custody. The high court bench directed the CWC to get its act right in 48 hours, or else the court would pass an order. READ | Dramatic scenes outside Bombay High Court …

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 …

Hyderabad Gang Rape: Telangana High Court Sets Aside Magistrate's Decision To Try Juvenile As Adult, Says Entire Assessment Done In One Day
1 year, 10 months ago

Hyderabad Gang Rape: Telangana High Court Sets Aside Magistrate's Decision To Try Juvenile As Adult, Says Entire Assessment Done In One Day

Live Law  

The Telangana High Court has set aside the order of a Magistrate to try a juvenile as an adult in the Jubilee Hills gang rape case.In June 2022, five minors and one major accused were arrested for the gang rape of a 17 years old girl in a car in Jubilee Hills area near Hyderabad. The Telangana High Court has …

HC: Follow process to term minors as adults in JH case
1 year, 11 months ago

HC: Follow process to term minors as adults in JH case

Deccan Chronicle  

Hyderabad: The Telangana High Court on Tuesday set aside the rulings of the Juvenile Justice Board, Hyderabad and the Pocso court in the Jubilee Hills gangrape case, which had stated that the accused children in conflict with law be tried as adults. The High Court directed the Principal Magistrate of Juvenile Justice Board to re-examine the case by following due …

Explained | How can a juvenile be tried as an adult in Court?
1 year, 11 months ago

Explained | How can a juvenile be tried as an adult in Court?

The Hindu  

The story so far: The National Commission for Protection of Children has recently issued guidelines for conducting a preliminary assessment by the Juvenile Justice Board under Section 15 of the Juvenile Justice Act, 2015. Section 15 of the JJ Act provides that in case of a heinous offence alleged to have been committed by a child, who has completed or …

Bombay High Court Raps Maharashtra Govt Over Refusal To Extend Reservation For Orphan Students To Abandoned Children
2 years ago

Bombay High Court Raps Maharashtra Govt Over Refusal To Extend Reservation For Orphan Students To Abandoned Children

Live Law  

The Bombay High Court on Thursday came down heavily on the Maharashtra Government for its refusal to extend the 1% reservation for orphan students in education, to abandoned children as well. “When will this government wake up and realize it is not the only one right and in fact it is mostly wrong?” “I will unabashedly say this, what the …

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 …

S.9(2) JJ Act | Court Must Undertake Inquiry Before Rendering Decision On Plea Of Juvenility Of Accused: Orissa High Court
2 years, 2 months ago

S.9(2) JJ Act | Court Must Undertake Inquiry Before Rendering Decision On Plea Of Juvenility Of Accused: Orissa High Court

Live Law  

The Orissa High Court has clarified that when a plea of juvenility is made before a Court, other than a Juvenile Justice Board, it must undertake an inquiry and take evidence, if any as per the mandate of Section 9 of the Juvenile Justice Act, before rendering any decision on the application. While setting aside an order for non-compliance of …

Debating Sensitivity and Sanctity of the Juvenile Justice Act - News18
2 years, 2 months ago

Debating Sensitivity and Sanctity of the Juvenile Justice Act - News18

News 18  

Earlier this month, the National Commission for Protection of Child Rights issued draft guidelines that debated whether the preliminary assessment of minors in certain cases could be tried under law as adults under section 15 of the Juvenile Justice Act. The Juvenile Justice Act, 2015 dictated that a juvenile aged between 16 and 18 can be tried as an adult …

Supreme Court Annual Digest 2022- Juvenile Justice Act
2 years, 2 months ago

Supreme Court Annual Digest 2022- Juvenile Justice Act

Live Law  

Juvenile Justice Juvenile Justice - Plea of juvenility could be raised in any court, at any stage even after the final disposal of the Special Leave Petition- Where the plea of juvenility is raised at a belated stage, often certain medical tests are resorted to forage determination in absence of the documents - While appreciating the evidence adduced on behalf …

If Child Works Voluntarily Then Sections 75 & 79 Of Juvenile Justice Act Do Not Apply: Telangana High Court
2 years, 2 months ago

If Child Works Voluntarily Then Sections 75 & 79 Of Juvenile Justice Act Do Not Apply: Telangana High Court

Live Law  

In a recent order, Justice K. Surender of Telangana High Court held that where a juvenile who works voluntarily, Sections 75 and 79 of the Juvenile Justice Act, 2015 do not apply. The facts of the case were that the volunteer in District Child Protection Unit, Medchal District along with team deployed for operation Muskan conducted search for rescuing children …

Lenient law lets juveniles commit crimes, says Supreme Court
2 years, 4 months ago

Lenient law lets juveniles commit crimes, says Supreme Court

The Hindu  

A lenient juvenile law has increasingly emboldened juveniles to commit heinous crimes and it is for the government to re-examine the law before it is too late in the day, the Supreme Court said in a judgment on Wednesday. Justice Pardiwala, who authored the judgment, expressed doubts whether the merciful ways of the Juvenile Justice Act of 2015 with the …

Getting An Impression That Leniency Towards Juvenile Offenders Is Emboldening Them To Indulge In Heinous Crimes : Supreme Court
2 years, 4 months ago

Getting An Impression That Leniency Towards Juvenile Offenders Is Emboldening Them To Indulge In Heinous Crimes : Supreme Court

Live Law  

We have started gathering an impression that the leniency with which the juveniles are dealt with in the name of goal of reformation is making them more and more emboldened in indulging in such heinous crimes, the Supreme Court remarked in a judgment seting aside the orders of the Chief Judicial Magistrate, Kathua and the Jammu and Kashmir High Court …

Kathua gangrape: SC holds accused adult, not to be tried as juvenile
2 years, 4 months ago

Kathua gangrape: SC holds accused adult, not to be tried as juvenile

Deccan Chronicle  

New Delhi: The Supreme Court on Wednesday held that one of the accused in the sensational gang-rape and murder case of an eight-year-old nomadic girl in Kathua was not a juvenile and now can be tried afresh as an adult for the offences. The top court also held that medical opinion regarding the age of an accused cannot be brushed …

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 …

Supreme Court Notice to Centre on Plea Challenging Amendment to Juvenile Justice Act
2 years, 6 months ago

Supreme Court Notice to Centre on Plea Challenging Amendment to Juvenile Justice Act

News 18  

The Supreme Court Monday sought a response from the Centre to a plea challenging the recent amendment to the Juvenile Justice Act, 2015 by which certain categories of offences against children have been made non-cognizable. The top court was hearing a plea filed by Delhi Commission for Protection of Child Rights challenging the amendment made to the Juvenile Justice Act, …

Seeking minor's confession of crime unconstitutional, declares Delhi High Court
2 years, 6 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 …

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