_edited.png)
Legal News by - SNEHA AWASTHI (This News was written by her during her Internship)
In deciding the case, the Supreme Court of India has provided guideline on how bail should be granted to juvenile taken under the Juvenile Justice (Care and Protection of Children) Act, 2015, and stating that juvenile must be treated fairly. In this important decision, this has been a ruling that gave a clear indication that minors cannot be refused bail without adhering to certain, rigid tests.
What Happened?
In a case of a juvenile who was apprehended and detained for more than a year on allegations of having committed severe crimes including assault and sexual maltreatment of a female person, the Supreme Court came in, to order a release of the minor. In the case, the applicants had been denied bail severally at the lower courts and the appellate courts, but the Supreme Court ruled that the legal formalities had not been followed.
Why This Matters?
Juveniles, in fact, must be granted bail as a matter of course in terms of section 12 (1) of the Juvenile Justice Act. Nevertheless, there are scenarios in which the juvenile may be barred from being granted bail, for instance, where their security will be at risk or the justice system will be compromised. Upon the Supreme Court review it found that the lower courts have never applied these exceptions properly in this case.
Key Findings
During inquiry made by the Court, no satisfactory explanation was provided by Juvenile Justice Board or any higher court as to why Bail should not apply in the listed exceptions. The evaluation of the psychological condition of the juvenile refused a high risk of re offending, thus contradicting the motives of his imprisonment.
What’s Next?
The Supreme three-judge Bench in turn recalled the earlier decline to grant the juvenile ‘free on bail’ order and directed that he be released on bail with a provision that the juvenile should report to a probation officer. It concordantly supports the ruling that juvenile, for any reason cannot be locked up unfairly and the court re-emphasize that before an individual is denied bail all factors should be canvased.
Why You Should Care
This decision is important to help in supporting argument that justice is done on the juveniles and that enhanced fair play is achieved in the justice system. It is concerned with the legal processes and ensures that; children are not locked up unnecessarily.
Kindly, see the full order at the Supreme Court website and read the provisions of Juvenile Justice Act in relation to such cases.
It is this decision that is a great achievement to juvenile justice and serves as a news that the law should be applied appropriately and erratically.
Reference
Supreme Court Order in Criminal Appeal No. [___] of 2024 (Arising out of Special Leave Petition (Crl.) No. 9566/2024)
Legal Soch Foundation offer mentorship sessions, CV and Cover Letter making, and email management services specifically designed for law students. To more more, contact 8797914487.
Yorumlar