Child in Conflict with Law Archives

‘Various measures already taken by State to address interests of orphaned children due to COVID’; Delhi High Court dismiss petition

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.

Case Briefs High Courts

Calcutta High Court orders preliminary assessment of Juvenile Offender’s mental and physical capacity to commit offence

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.

Case Briefs High Courts

[Child Beggary] Delhi High Court directs Government of Delhi to file detailed status report on steps taken for rehabilitation of rescued children

“Delhi Commission for Protection of Child Rights is directed to furnish year-wise details of operations conducted by it from 2016 to date.”

Case Briefs High Courts

Madras High Court directs DGP to identify cases involving consensual relationship amongst pending POCSO cases; Discontinues two-finger test and potency test

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.

Case Briefs High Courts

Can a child in conflict with law file an application for anticipatory bail under S. 438 CrPC? Allahabad High Court answers

A child enjoys equal rights with other persons. Therefore, it would be in violation of all the principles and provisions to deny an opportunity to exercise the right of preferring an application under Section 438 CrPC.

Op Eds OP. ED.

Mandatory Minimum Sentence for a Child in Conflict with Law: Contrary to the Spirit of Juvenile Justice

by Maharukh Adenwalla* and Gayatri Virmani**

Case Briefs High Courts

[JJ Act] Bombay High Court issues notice to the Publisher and Editor of Mid-Day for alleged publication of name and photographs of the child in conflict with law

Bombay High Court: In a case relating to an article published by Mid-Day, pursuant to the order of the instant

Case Briefs High Courts

Uttaranchal High Court grants bail to a Child-in-conflict with law considering that she was young and had less understanding to differentiate between right and wrong

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.

Case Briefs Supreme Court

Mental capacity & ability to understand consequences of acts not same; Guidelines must be in place for preliminary assessment of children above 16 years of age for trial as adults: SC

“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.”

Case Briefs High Courts

Utt HC | Child in conflict with law cannot be allowed anticipatory bail as JJ Act does not make any provision for the same; Application dismissed

Uttaranchal High Court: Ravindra Maithani, J. dismissed an application for anticipatory bail in regards to an ongoing trial under Sections 376, 323,

Case Briefs High Courts

When a Child in Conflict with Law is to be tried as an adult, an assessment under S. 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015 is required to be done? Bom HC answers

Bombay High Court: M.G. Sewlikar, J., held that, in terms of Section 15 of the Juvenile Justice (Care and Protection of Children)