August 2020

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.

By | August 2nd, 2020|Juvenile/Children Act|

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July 2020

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

By | July 27th, 2020|Bail Granted, Juvenile/Children Act|

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Comments Off on 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

February 2020

A Child In Conflict With Law Cannot Be Kept In Jail Or Police Lockup At Any Circumstances: SC HELD “We make it clear that the Juvenile Justice Boards are not meant to be silent spectators and pass orders only when a matter comes before them. They can take note of the factual situation if it comes to the knowledge of the JJBs

By | February 12th, 2020|Juvenile/Children Act|

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October 2019

Juvenile—Determination of Age—Matriculation Certificate which does not provide correct date cannot be given precedence over the certificate issued by the school first attended by accused or birth certificate

By | October 31st, 2019|Juvenile/Children Act|

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Juvenile—Determination of Age—Under the provisions of New Act of 2015, the primacy has been given the assessment of the Board/Court; Matriculation certificate no more enjoys that exclusive privilege; Assessment can be done on physical appearance and the school certificate and the matriculation certificate have been put at par

By | October 2nd, 2019|Juvenile/Children Act|

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November 2018

March 2018

Juvenile Justice (Care and Protection of Children) Act, 2000, S.12—Bar to juvenile- -Juvenile is entitled to bail as a matter of right unless the case falls in the exceptions carved out in the provision itself.

By | March 10th, 2018|Juvenile/Children Act|

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February 2018

Bail to Juvenile–Rape–Kidnapping–Without mentioning reasonable grounds for believing that the petitioner is likely to come into the association of any known criminal if released on bail or his release will expose him to moral, physical or psychological danger, bail not to be declined –No such findings given while declining bail-Impugned order set aside-Bail granted

By | February 23rd, 2018|Juvenile/Children Act|

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June 2017

Juvenile Justice (Care and Protection of Children) Act. 2000, S.12–Rape with minor- -Juvenile offender—Application for bail-Rejected by courts below—Revision against-Juvenile is entitled to bail as a matter of right unless the case falls under exceptions carved out in the provision

By | June 27th, 2017|Juvenile/Children Act|

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Determination of Age—Ossification test cannot be regarded as conclusive when it comes to ascertaining the age of a person.

By | June 4th, 2017|Evidence - Criminal Cases, Juvenile/Children Act|

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December 2016

November 2016

October 2016

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