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, 2 weeks 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 Kashmir and the Union Territory of Ladakh, and, therefore, they are, with impunity, disclosing the full identity of the juvenile in their orders. “The prime aim and object of Section 74 of the Act of 2015 is to avoid scrutiny of the proceedings in which a juvenile is tried to insulate and protect the juvenile from stigma and emotional trauma….it is astonishing to note that the Courts are unaware of the provisions of Section 74 of the Act and are unabashedly disclosing the identity of the juveniles facing trial before them or seeking their release on bail, as has happened in the instant case”, Justice Kumar remarked. Highlighting the necessity for courts to adhere to Section 74 of the Act the court directed the registry to ensure strict compliance with these provisions and urged all courts in the Union Territory of Jammu and Kashmir and Ladakh to uphold the confidentiality of juvenile identities.

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History of this topic

A Dangerous Precedent For Denial Of Bail In Cases Involving Sexual Offences
3 weeks ago

A Dangerous Precedent For Denial Of Bail In Cases Involving Sexual Offences

Live Law  

In a recent case of 'X v. State of Rajasthan,' the Supreme Court observed that courts should refrain from entertaining bail applications in serious offences such as rape, murder, dacoity once the trial has commenced. Relying on an earlier order granting bail to a co-accused as well as noting certain discrepancies in the prosecutrix's statement recorded under Section 164 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, 1 week 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 …

J&K High Court Denies Bail In Rape & Suicide Case, Cautions Against Granting Bail In Heinous Offences Immediately Post Framing Of Charges
2 months, 1 week ago

J&K High Court Denies Bail In Rape & Suicide Case, Cautions Against Granting Bail In Heinous Offences Immediately Post Framing Of Charges

Live Law  

Stressing that bail should not ordinarily be granted in heinous offences like rape or murder once the trial begins, the Jammu and Kashmir and Ladakh High Court refused bail to the accused in a case of rape and abetment to suicide. It has been further held that it is only in the event if the trial gets unduly delayed and …

"Be Sensitive": J&K High Court Urges Trial Courts To Avoid 'Copy-Paste' Practices In Bail Orders
2 months, 3 weeks ago

"Be Sensitive": J&K High Court Urges Trial Courts To Avoid 'Copy-Paste' Practices In Bail Orders

Live Law  

The High Court of Jammu & Kashmir and Ladakh has stressed the necessity for judicial sensitivity and diligence in dealing with bail applications. Justice Dhar made these observations in a plea involving petitioner Umar Bashir Khan, who sought bail in connection with FIR registered under Sections 451, 376/511, 354, and 506 of the Ranbir Penal Code. After examining the submissions …

'Serious Offence, Victim An Innocent 14-Year-Old Girl': Allahabad High Court Denies Bail To Gang-Rape Accused
3 months, 2 weeks ago

'Serious Offence, Victim An Innocent 14-Year-Old Girl': Allahabad High Court Denies Bail To Gang-Rape Accused

Live Law  

The Allahabad High Court on Monday denied bail to one Halkaee Ahirwar, who has been accused of committing gang rape against a 14-year-old girl in April this year and making viral a video of the entire incident. A bench of Justice Shekhar Kumar Yadav rejected his bail plea, emphasizing that the victim is an 'innocent' 14-year-old girl and that the …

Jumping To Conclusions About Age Of 'Juvenile' Sans Inquiry Contemplated U/S 94 Of JJ Act Not Valid: MP High Court
3 months, 3 weeks ago

Jumping To Conclusions About Age Of 'Juvenile' Sans Inquiry Contemplated U/S 94 Of JJ Act Not Valid: MP High Court

Live Law  

The Gwalior bench of the Madhya Pradesh High Court in a recent ruling has reiterated that while deciding the age of a child in conflict with law, a comprehensive inquiry as stipulated under Section 94 of the Juvenile Justice Act, 2015 must be done. Referring to various decisions including that of the Supreme Court in Rishipal Singh Solanki vs. State …

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 …

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 …

Bail In Criminal Cases No Justification For Preventive Detention: J&K High Court Quashes Detention Order Against Ex-SMC Corporator
6 months, 1 week ago

Bail In Criminal Cases No Justification For Preventive Detention: J&K High Court Quashes Detention Order Against Ex-SMC Corporator

Live Law  

The Jammu & Kashmir and Ladakh High Court has quashed the preventive detention order issued against former Srinagar Municipal Corporation Corporator Aqib Ahmad Renzu. The court held that the mere fact that Renzu had been granted bail in multiple criminal cases did not justify his detention under preventive law. In the present case, the ordinary law of land was sufficient …

J&K: Cop in jail for ‘fake encounter’ gets bail after 18 years
8 months, 3 weeks ago

J&K: Cop in jail for ‘fake encounter’ gets bail after 18 years

Hindustan Times  

Expressing displeasure for a delayed trial, the high court of J&K and Ladakh has granted bail to the policeman in jail for nearly 18 years involved in a fake encounter case in Bandipora. Justice Atul Sreedharan announced bail to Bansi Lal, 56, in the Jammu wing of high court and ordered him to furnish personal bond of ₹50,000, and a …

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 …

Prosecutrix's Testimony Concerning Factum Of Occurrence & Persons Involved Ought To Be Scrutinized Before Basing Conviction On It: J&K High Court
9 months, 2 weeks ago

Prosecutrix's Testimony Concerning Factum Of Occurrence & Persons Involved Ought To Be Scrutinized Before Basing Conviction On It: J&K High Court

Live Law  

Highlighting the importance of a consistent and credible narrative from the prosecutrix in rape cases the Jammu and Kashmir and Ladakh High Court has recently ruled that courts must undertake a rigorous scrutiny of a prosecutrix's testimony before reliance can be placed on it. Additionally, the investigating officer did not examine the victim's brother, who allegedly rescued her, or the …

FIR Can Be Elaborated Upon By Informant But Cannot Be Used To Create Fresh Charges Against Accused: J&K High Court Grants Bail To In-Laws Accused Of Gang Rape
9 months, 3 weeks ago

FIR Can Be Elaborated Upon By Informant But Cannot Be Used To Create Fresh Charges Against Accused: J&K High Court Grants Bail To In-Laws Accused Of Gang Rape

Live Law  

The Jammu and Kashmir and Ladakh High Court has granted bail to two men accused of gangrape, observing that the initial complaint in the First Information Report can be elaborated upon by the informant, but this cannot be used to introduce new accusations or entirely new offenses against the accused. Spotlighting the distinction between elaboration and improvisation with respect to …

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

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, 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 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 …

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 …

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 …

JH gang-rape case: Four accused to be tried as adults
1 year, 11 months ago

JH gang-rape case: Four accused to be tried as adults

Deccan Chronicle  

Hyderabad: The special court for POSCO cases at Nampally on Friday dismissed the plea of the four minors accused in the Jubilee Hills gang-rape case, challenging the juvenile justice board order treating them as adults. The four boys, along with another accused, identified as Saduddin Malik are facing charges of raping the girl in an SUV near a religious place …

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 …

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 …

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 …

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, 5 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 …

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 …

[JJ Act] Extracting Confession From Child Is Unconstitutional, Beyond Scope Of Preliminary Assessment Report: Delhi HC
2 years, 6 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 …

'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, 7 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 …

Deep Appreciation Of Facts Not Required At Stage Of Framing Charges: J&K&L High Court
2 years, 7 months ago

Deep Appreciation Of Facts Not Required At Stage Of Framing Charges: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently observed that while considering a case for charge or discharge of an accused, the court is not required to enter into deeper appreciation of the facts. At the stage of framing of charge, the court has only to consider the material for framing opinion as to whether prima facie offence is …

Even If Prima Facie Case Is Established, Bail Overrides Pre-Trial Punishment: J&K&L High Court
2 years, 7 months ago

Even If Prima Facie Case Is Established, Bail Overrides Pre-Trial Punishment: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that even if prima facie case is established against an accused, the approach of the court in granting bail should be that the accused should not be detained by way of punishment as pre-trial punishment as the same clearly falls foul of the principles of criminal jurisprudence. Elaborating on the …

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 …

Hyderabad Teen Gangrape Case: Four Minors Granted Bail
2 years, 8 months ago

Hyderabad Teen Gangrape Case: Four Minors Granted Bail

News 18  

Four minor boys apprehended in connection with the gang-rape of a teenaged girl in Hyderabad were granted bail by the Juvenile Justice Board. 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 on two sureties of Rs 5,000 each. Six persons–one …

Hyderabad teen gang-rape case: Four minors granted bail
2 years, 8 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 …

'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 …

Identity of juvenile offenders should be protected: Legal experts
2 years, 9 months ago

Identity of juvenile offenders should be protected: Legal experts

Deccan Chronicle  

HYDERABAD: A group of legal experts questioned the way the identity of juvenile ‘accused’ in criminal cases was being flashed across some sections of the media and on social media, and made it clear that identifying the minors directly or indirectly violated the Juvenile Justice Act. They said that the Juvenile Justice Act, 2000, which pertains to the issue of …

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 …

Juvenile Justice Act- Delhi High Court Issues TimeLine For Completing 'Age Determination' Of 'Juveniles In Conflict With Law'
3 years, 4 months ago

Juvenile Justice Act- Delhi High Court Issues TimeLine For Completing 'Age Determination' Of 'Juveniles In Conflict With Law'

Live Law  

The Delhi High Court has issued directions for streamlining the process of inquiries relating to juveniles in conflict with law and scrupulous compliance by all authorities. A bench comprising Justice Siddharth Mridul and Justice Anup J Bhambhani issued the following directions: In all cases pertaining to juveniles in conflict with law, regardless of the nature of offences alleged, upon directions …

Supreme Court Refuses To Stay Investigation Against BJP Leader Kailash Vijayvargiya & 2 Others In Rape Case; Extends Interim Protection
3 years, 4 months ago

Supreme Court Refuses To Stay Investigation Against BJP Leader Kailash Vijayvargiya & 2 Others In Rape Case; Extends Interim Protection

Live Law  

The Supreme Court on Friday refused to grant a stay on the criminal case lodged against BJP Leader Kailash Vijayvargiya, RSS member Jisnu Basu, and Pradeep Joshi for the offence of rape. A Bench comprising Justices M.R Shah and A.S Bopanna further ordered that the interim protection from arrest granted earlier by the High Court must be continued until the …

"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 …

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. …

Gang Rape Of Minor- Meghalaya HC Denies Bail To BA Student, Directs Jail Authorities To Provide Him Necessary Facilities To Attend Virtual Classes
3 years, 8 months ago

Gang Rape Of Minor- Meghalaya HC Denies Bail To BA Student, Directs Jail Authorities To Provide Him Necessary Facilities To Attend Virtual Classes

Live Law  

Rejecting a bail application filed by a BA student accused in a case concerning gang rape of a 16 year old minor girl, the Meghalaya High Court on Monday directed the jail authorities to provide him necessary facilities required for attending virtual classes.A single judge bench comprising of Justice W. Diengdoh was dealing with a bail plea of one Habibul …

Conviction Of A Juvenile By JJ Board Is Not A Disqualification for Employment, Requirement Of It's Disclosure Violates His Privacy, Art.21 :Allahabad High Court
3 years, 10 months ago

Conviction Of A Juvenile By JJ Board Is Not A Disqualification for Employment, Requirement Of It's Disclosure Violates His Privacy, Art.21 :Allahabad High Court

Live Law  

The Allahabad High Court has recently held that using criminal prosecution faced by a candidate as a juvenile to form an opinion about his suitability for appointment is arbitrary, illegal and violative of Article 14 of the Constitution of India. Moreover, holding that an employer cannot ask any candidate to disclose details of criminal prosecution faced as a juvenile, the …

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