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 tried as an adult. The court delved into the provisions of the Juvenile Justice Act highlighting Section 8, which empowers the High Court to entertain matters arising from bail applications presented before the JJ Board. The court, drawing from precedents set by the Delhi High Court, underscored the importance of safeguarding the rights of juveniles, even when tried as adults, as mandated by the Juvenile Justice Act. Citing pertinent precedents Ccl A vs. State Nct of Delhi & Siddalinga SN vs. State of Karnataka 2023, the court observed that juveniles tried as adults should not be deprived of their right to bail under the Juvenile Justice Act.

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History of this topic

Complainant Has No Right To Be Heard In Bail Proceedings Under Juvenile Justice Act: Delhi High Court
1 week, 3 days ago

Complainant Has No Right To Be Heard In Bail Proceedings Under Juvenile Justice Act: Delhi High Court

Live Law  

The Delhi High Court has ruled that a complainant has no right to be heard at every stage of bail proceedings under the Juvenile Justice Act. “The involvement of the complainant remains a matter of judicial discretion rather than an enforceable entitlement, and the fundamental principle of juvenile justice i.e., "rehabilitation over retribution" must remain paramount in any. “The involvement …

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 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 …

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

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
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 …

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
3 months, 3 weeks 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 …

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

Trying juveniles as adults is not the answer
8 months 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 …

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 …

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 …

Supreme Court Prescribes 30 Days Time Limit To Prefer Appeal Against Juvenile Justice Board Preliminary Assessment Order
10 months, 1 week ago

Supreme Court Prescribes 30 Days Time Limit To Prefer Appeal Against Juvenile Justice Board Preliminary Assessment Order

Live Law  

Noting that no time limit has been prescribed under the Juvenile Justice Act, 2015 to prefer an appeal against the preliminary assessment order of the Juvenile Justice Board, the Supreme Court in a recent judgment deemed it appropriate to fill up this gap by prescribing 30 days' time limit for preferring appeal against the JJB's preliminary. Noting that no time …

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 …

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 …

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 …

Criminals are made, not born: SC judge Sanjiv Khanna
1 year, 1 month 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 Acquits Woman In 23 Year Old Murder Case After Finding Her To Be A Juvenile At The Time Of Offence
1 year, 1 month 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 …

Can A Juvenile In Conflict With The Law Seek Anticipatory Bail Under S. 438 Cr.PC? Supreme Court To Consider
1 year, 5 months ago

Can A Juvenile In Conflict With The Law Seek Anticipatory Bail Under S. 438 Cr.PC? Supreme Court To Consider

Live Law  

The Supreme Court is set to consider the question of whether an Anticipatory Bail filed under Section 438 of the Criminal Procedure Code, 1973 by a juvenile in conflict with the law as the per Juvenile Justice Act, 2015 is maintainable.A bench of Justice Hrishikesh Roy and Justice Sanjay Karol issued notice to the State on Monday in an appeal. …

Trial Court Must Give Prima Facie View About Basis Of Framing Charges Against Accused Under Juvenile Justice Act: Delhi High Court
1 year, 7 months ago

Trial Court Must Give Prima Facie View About Basis Of Framing Charges Against Accused Under Juvenile Justice Act: Delhi High Court

Live Law  

The Delhi High Court has said that the trial court is required to give a prima facie view stating that on what basis charges have been framed against an accused under the Juvenile Justice Act. However, the court is required to give prima facie view that on what basis the charges were framed,” Justice Dinesh. However, the court is required …

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 …

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 …

Bombay High Court grants bail to 19-year-old accused in rape case
1 year, 10 months ago

Bombay High Court grants bail to 19-year-old accused in rape case

India Today  

The Bombay High Court has granted bail to a 19-year-old accused in a gang rape case, stating that the detention will turn him into a hardened criminal. Detention of the applicant in custody will turn him into a hardened criminal," the high court said while granting bail to the accused who has been behind bars since 2021. READ | Bombay …

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, 10 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, 10 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 …

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 …

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-I
2 years ago

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-I

Live Law  

Q.1 Has the accused an indefeasible right to “compulsive bail” i.e. 477 – 5 Judges - A. M. Ahmadi, J. S. Verma, P. B. Sawant, B. P. Jeevan Reddy, N. P. Singh - JJ; Union of India v. Thamisharasi 4 SCC 190 = 1995 KC 1189 - J. S. Verma, Sujata V. Manohar – JJ; Uday Mohanlal Acharya v. State …

Accused Under SC/ST Act Cannot Directly Approach High Court For Bail Or Anticipatory Bail: Kerala High Court
2 years, 1 month ago

Accused Under SC/ST Act Cannot Directly Approach High Court For Bail Or Anticipatory Bail: Kerala High Court

Live Law  

The Kerala High Court recently held that a person accused of offences punishable under the Scheduled Castes and the Scheduled Tribes Act, 1989 cannot directly approach the High Court seeking bail. On dealing with the question of whether the fresh bail application can be entertained, the court observed as thus: As per Section 14-A, it has been specifically provided that, …

S.9(2) JJ Act | Court Must Undertake Inquiry Before Rendering Decision On Plea Of Juvenility Of Accused: Orissa High Court
2 years, 1 month 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, 1 month 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 …

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 …

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 …

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 …

Gurugram: JJB Rules Juvenile Accused of Murdering 7-yr-old Schoolmate to Be Tried as Adult
2 years, 5 months ago

Gurugram: JJB Rules Juvenile Accused of Murdering 7-yr-old Schoolmate to Be Tried as Adult

News 18  

Sticking to its earlier ruling, the Juvenile Justice Board ordered on Monday that a youth who was 16 years old when he was accused of killing his seven-year-old schoolmate here in September 2017 shall be tried as an adult in the sensational case, according to the victim’s lawyer. Today Principal Magistrate Jatin Gujral of Juvenile Justice Board, Gurugram pronounced his …

Hyderabad Jubilee Hills gang-rape case: 4 of 5 minors to be tried as adults, rules Juvenile Justice Board
2 years, 5 months ago

Hyderabad Jubilee Hills gang-rape case: 4 of 5 minors to be tried as adults, rules Juvenile Justice Board

Op India  

On Friday, the Juvenile Justice Board in Hyderabad ruled that four of the five accused minors arrested in the Jubilee Hills gang-rape case might be prosecuted as adults. According to the reports, Radhika Gavvala, the Juvenile Justice Board’s Fifth Additional Chief Metropolitan Magistrate and Principal Magistrate in Hyderabad, issued a preliminary assessment decision to that effect under Section 18 of …

Supreme Court Notice to Centre on Plea Challenging Amendment to Juvenile Justice Act
2 years, 5 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, 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 …

[JJ Act] Extracting Confession From Child Is Unconstitutional, Beyond Scope Of Preliminary Assessment Report: Delhi HC
2 years, 5 months ago

[JJ Act] Extracting Confession From Child Is Unconstitutional, Beyond Scope Of Preliminary Assessment Report: Delhi HC

Live Law  

The Delhi High Court has observed that extracting confession from a child regarding the manner in which the offence was committed by him is unconstitutional and beyond the scope of a preliminary assessment report required to be prepared under the Juvenile Justice Act, 2015. This manner of seeking a confession from the child is unconstitutional and beyond the scope of …

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 …

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