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“The J.J. Act, 2000 is based on our belief that children are the future of the society and in case they go into conflict with law under some circumstances, they should be reformed and rehabilitated and not punished. No society can afford to punish its children”.
The statutory mandate under Section 23 of the JJ Act must be strictly adhered to, ensuring that children in conflict with law are not subjected to joint proceedings with adults, regardless of whether they are being tried under the procedure applicable to adults.
The primary objective of the JJ Act is the rehabilitation of juveniles rather than punishment. The grant or denial of bail/suspension should be based on the individual’s conduct and circumstances, not solely on the severity of the offense.
The family of four committed suicide near railway tracks, allegedly due to atrocious and forcible demand for money which they owed to co-accused.
“The words ‘Children’s Court’ and ‘Court of Sessions’ in JJ Act, 2015 and the Rules thereunder were directed to be read interchangeably. Primarily jurisdiction vests in the Children’s Court. However, without the constitution of such Children’s Court in the district, the power to be exercised under the Act is vested with the Court of Sessions.”
Supreme Court highlighted that the fact of accused being a child in conflict with law was known to the Investigating Officer, prosecution as well as the Trial Court from the very inception of proceedings.
Calcutta High Court emphasised that the power under Section 482 of the CrPC should be exercised sparingly and only to prevent abuse of process or to secure the ends of justice.
LADLI Scheme, Delhi Pension Scheme for Women in Distress, National Family Benefit Scheme and Delhi Pension Schemes for Women in Distress and National Family Benefit Scheme are few schemes for orphaned children who lost either one or both parent(s) on account of COVID-19.
Calcutta High Court held that although the JJB conducted a preliminary assessment, it did not adequately assess the Juvenile’s mental and physical capacity to commit the offense.
“Delhi Commission for Protection of Child Rights is directed to furnish year-wise details of operations conducted by it from 2016 to date.”
If consensual relationship cases are segregated from the pending cases, it will be easy to deal with them and in appropriate cases, the Court can also exercise its jurisdiction and quash the proceedings, if the proceedings are ultimately going to be against the interest and future of the children involved in those cases and it is found to be an abuse of process of Court.
by Maharukh Adenwalla* and Gayatri Virmani**
Bombay High Court: In a case relating to an article published by Mid-Day, pursuant to the order of the instant
A Child-in-conflict with law (CIL) was granted bail considering that she was a young girl; her family was poor; she had less understanding to distinguish between right and wrong and her family atmosphere was good. The Court also discussed situations in which a CIL could be denied bail even in bailable offences as per Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
“A child with average intelligence/IQ will have the intellectual knowledge of the consequences of his actions. But whether or not he is able to control himself or his actions will depend on his level of emotional competence.”
Uttaranchal High Court: Ravindra Maithani, J. dismissed an application for anticipatory bail in regards to an ongoing trial under Sections 376, 323,
Bombay High Court: M.G. Sewlikar, J., held that, in terms of Section 15 of the Juvenile Justice (Care and Protection of Children)