Juvenile/Children Act Kathua Gang Rape and Murder Case – – Respondent accused was not a juvenile at the time of commission of the offence and should be tried the way other co-accused were tried – Impugned order passed by Chief Judicial Magistrate and the High Court which held that one of the accused was a juvenile is set aside – Appeal allowed. November 27, 2022 phlaw
Juvenile/Children Act HELD It is evident from the report of the medical board that the first respondent was not a juvenile. The entire record which was sought to be relied upon by the first respondent in support of the plea of juvenility was fabricated. The High Court has erred in accepting the plea of juvenility. September 20, 2022 phlaw
Juvenile/Children Act Constitution of India, 1950 – Article 136 – Juvenile Justice (Care and Protection of Children) Act, 2000 – Section 7A – Plea of juvenility could be raised in any court, at any stage even after the final disposal of the Special Leave Petition under Article 136 of the Constitution. If two views possible on evidence then view holding accused to be juvenile be favoured in borderline case. September 13, 2022 phlaw
Juvenile/Children Act Juvenile Justice (Care and Protection of Children) Act, 2015 – offence under S 460 of IPC, the sentence of imprisonment of life, is per-emptorily prescribed to be imposed, upon the juvenile in conflict with law, term whereof is explicitly beyond 7 years. In sequel, the petition offences are to be construed to be “heinous offence”, and, the impugned order, and, transfer of the case to the Children’s Court, rather for his being tried as an adult, is required to be sustained. August 19, 2022 phlaw
Juvenile/Children Act Preliminary Assessment to try Juvenile as Adult – While considering a child as an adult one needs to look at his/her physical maturity, cognitive abilities, social and emotional competencies. July 17, 2022 phlaw
Juvenile/Children Act Juvenile Justice (Care and Protection) Act, 2000 – Subsection (2) of Section 7A provided that if after holding an inquiry, the Court found the accused to be juvenile on the date of commission of the offence, the Court was under a mandate to forward the juvenile to the Juvenile Justice Board for passing appropriate orders. Subsection (2) of Section 7A further provided that in such a case, the sentence passed by Criminal Court shall be deemed to have no effect in such a case. Accused shall be forthwith set at liberty April 17, 2022 phlaw
Juvenile/Children Act Juvenile Justice (Care and Protection of Children) Act, 2015 – Section 12 – Murder by juvenile – Apprehension of influencing the witnesses – Bail declined February 3, 2022 phlaw
Juvenile/Children Act Juvenile – HELD The age recorded by the Committee or the Board to be the age of the person so brought before it shall for the purpose of the JJ Act, 2015 be deemed to be the true age of the person. The deeming provision in sub-section (3) of section 94 of the JJ Act, 2015 is also significant inasmuch as the controversy or the doubt regarding the age of the child brought before the Committee or the JJ Board is sought to be set at rest at the level of the JJ Board or the Committee itself – Appeal dismissed November 21, 2021 phlaw
Juvenile/Children Act Arms Act, 1959 – Section 25 – IPC, 1860 – S 307, 365, 376-D and 506 – Gang rape – Bail of juvenile -Seriousness of the offence as mentioned in the FIR would not be a ground to deny to the juvenile the concession of bail in the light of Section 12 of the Act. August 2, 2020 phlaw
Bail Granted Juvenile/Children Act Penal Code, 1860 (IPC) – Sections 363, 366, 376, 506, 34 and 120-B – Protection Of Children From Sexual Offences Act, 2012 – Sections 4 and 6 – Abduction and Rape – Bail of juvenile HELD Section 12 of the Act of 2015 makes it clear that grant of bail to the child in conflict with the law should be the norm and the proviso thereto requires denial of such bail only if release of the child is likely to bring him or her into association with known criminals or expose him/her to moral, physical or psychological danger or defeat the ends of justice July 27, 2020 phlaw
