Know Thy Judge | Supreme Court of India: Justice Rajesh Bindal
Prior to being elevated to the Supreme Court in 2023, Justice Rajesh Bindal was serving as the Chief Justice of Allahabad High Court.
Juvenile justice
‘Right to be forgotten’ for juvenile by destroying record of juvenile delinquency is an absolute right: Rajasthan High Court
“For the welfare of a child, the burden of past mistakes must be lifted, offering him a fresh start to thrive, free from the weight of stigma.”
“Consistent failure of judicial machinery to recognise and act upon plea of juvenility”; SC Directs release of convict after 25 years in prison
The Court explained that when the plea of juvenility was raised, it should have been dealt with under the existing laws at the relevant point of time, especially when there exists a tacit and clear admission as to the age of the Appellant.
‘Gross violation of mandate under JJ Act’: Supreme Court reverses POCSO conviction
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.
‘No obligation to disclose juvenile offences in employment cases’; Delhi High Court sets aside memo for non-disclosure under JJ Act
Delhi High Court highlighted the commitment to upholding the principles of juvenile justice and protecting individuals from undue repercussions for offenses committed during their minority.
Read why Allahabad HC took suo motu cognizance of deficiencies in running child care institutions
Allahabad High Court directed the State Government to undertake an exercise for admission of the children in reputed schools in the vicinity of the homes.
Trial Court rightly relied upon Aadhaar card to ascertain victim’s age u/s 94 of the JJ Act, 2015; Delhi High Court upholds discharge in POCSO case
“Wherever the dispute with respect to the age of a person arises in the context of her or him being a victim under the Protection of Children Against Sexual Offences Act, 2012, the courts have to take recourse to the steps indicated in Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015.”
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.
[Section 15 of JJ Act] Inquiry for trying a juvenile as an adult must be conducted in a transparent and fair manner: Bombay High Court
Bombay High Court explained that trying a child below 18 years before Juvenile Justice Board is a rule and trying a child above 16 years as an adult before Regular Court is an exception.
[Minor impregnated by her own brother] Kerala High Court bats for ‘safe sex education’ in schools and colleges
Kerala High Court expressed that this happened because of the lack of knowledge about the safe sex. Minor children are in front of ‘internet’ and ‘google search’. There is no guidance for the children.
[Juvenile Justice] Aadhaar not a valid document for proof of age of Prosecutrix under Juvenile Justice Rules: Madhya Pradesh High Court
JJ Act, 2015 and JJ Rules, 2012 are mandatory and have overreaching effect over any other provision.
28 years later, Supreme Court sets aside death penalty of man, after finding him juvenile during the commission of multiple murders
Supreme Court said that the degree or dimension of the offence should not be the direct approach of the Court in its inquiry into juvenility of an accused or convict.
[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
Is the reformation goal under JJ Act 2015 making juveniles more emboldened in committing heinous crimes? SC asks Centre to take steps before it’s too late
Supreme Court: In the Kathua Rape and murder case where one of the accused was found to be taking the statutory shelter
‘First committed a ghastly crime then took shelter under the guise of being a minor’; ‘Juvenile’ in Kathua rape-murder case to be tried as an adult: SC
“A casual or cavalier approach while recording as to whether an accused is a juvenile or not cannot be permitted as the courts are enjoined upon to perform their duties with the object of protecting the confidence of a common man in the institution entrusted with the administration of justice.”
“Juvenile can be denied bail, if his release defeats ends of justice”; Allahabad High Court upholds JJB order declining bail to a juvenile in a rape case of a 6-year-old
Allahabad High Court: In a criminal revision petition filed under Section 102 of the Juvenile Justice Act challenging the order passed by
Explained| Determination of Juvenility: Hierarchy of documents that can be relied on; belated plea if can be allowed; Bone ossification test at a belated stage
Supreme Court: The bench of Dinesh Maheshwari and JB Pardiwala*, JJ has observed that the plea of juvenility can be allowed to
District Magistrates to issue adoption orders vide Juvenile Justice (Care and Protection of Children) Model Amendment Rules, 2022
On 1-09-2022, the Ministry of Women and Child Development notified amendments to the Juvenile Justice (Care and Protection of Children) Model Rules,
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.”
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,