Criminal Law – Bail - Juvenile Justice - Sexual Offences - Sex Education - Supreme Court reiterated its direction to the State of Uttar Pradesh to file an additional affidavit informing the Court on how sex education is provided as a part of the curriculum in higher secondary schools (Classes IX to XII) so that young adolescents are made aware of the hormonal changes that come...
Criminal Law – Bail - Juvenile Justice - Sexual Offences - Sex Education - Supreme Court reiterated its direction to the State of Uttar Pradesh to file an additional affidavit informing the Court on how sex education is provided as a part of the curriculum in higher secondary schools (Classes IX to XII) so that young adolescents are made aware of the hormonal changes that come with puberty and the consequences that may flow therefrom — Pursuant to the direction, an additional affidavit was filed detailing the curriculum provided by the Secondary Education Department, Uttar Pradesh, for classes IX to XII, which was stated to be in keeping with the directives of the National Council of Educational Research & Training (NCERT)— Need for earlier implementation — Supreme Court opined that sex education should be provided to the children from a younger age and not class IX onwards — It is for the authorities concerned to apply their mind and take corrective measures, so that children are informed of the changes that happen after puberty and the care and cautions to be taken in relation thereto — That aspect was left open for the authorities concerned to take necessary steps. [Para 7-10] Juvenile X v. State of U.P., 2025 LiveLaw (SC) 989
Juvenile Justice (Care & Protection of Children) Act, 2000 - Rule 12 - Determination of age - Evidentiary value of school certificates vs. Public Documents and Medical Opinion - Indian Evidence Act, 1872 - Section 35 - Relevancy of Entry in public Record - Section 74 - Public Documents - High Court declared respondent 2 as 'Juvenile' – Held, a school transfer certificate issued by a private school where entry of date of birth was based solely on the oral representation of the father, without any supporting documents, is unreliable - Such school's records are not “public documents” and its Headmaster is not a 'public master' for the purposes of Evidences Act - In cases where school records about age on oral representations and are contradicted by statutory documents like a Family Register (maintained under U.P. Panchayat Raj Act, 1947), Voters List and a Medical Board Report, the latter hold more weight - Medical evidence based on scientific investigation should be given due weight and precedence over school administration records that give rise to hypothesis and speculation - Benevolent legislation of the Juvenile Justice Act is meant for genuine child accused and cannot be used as a ploy to subvert justice by accused individuals of matured mind - In serious offences, documents and statutory public records should take precedence over school records that create reasonable doubt about juvenility - Set aside order of High Court - Appeal allowed. [Paras 21-23, 25, 26] Suresh v. State of Uttar Pradesh, 2025 LiveLaw (SC) 761 : 2025 INSC 918
Juvenile Justice (Care and Protection of Children) Act, 2000 (JJ Act) – Section 7-A - Children's Act, 1960 – Article 21 of the Constitution of India – Illegal Detention/Breach of Article 21 - Murder Convict – Claim of Juvenility - Supreme Court ordered release of the murder convict under the JJ Act, after finding he was a juvenile at the time of commission of offence in 1981 – Held, JJ Act is retrospective in operation, and applies to offences pre-dated the enforcement of the JJ Act - The plea of juvenility, which can be raised at any stage, is governed by Section 7-A of the JJ Act, 2000 - This section mandates that courts are under an obligation to consider the plea and grant appropriate relief if the convict was a juvenile on the date of the offence - The maximum period of detention for a juvenile under the JJ Act, 2000, is 3 years as per Section 15(1)(g) - Since the petitioner was a child at the time of the offence and had been behind bars for more than 3 years, his liberty was curtailed "not in accordance with procedure established by law." Breach of the right guaranteed by Article 21 of the Constitution is "writ large," thereby extending the benefit of release from detention - The Court considered the respondent's contentions regarding the heinous nature of the offence (murder) and the petitioner's act of absconding and evading arrest from 2009 to 2022. However, the Court granted relief, noting that the petitioner had "suffered incarceration for more than the period permissible in law - Appeal allowed. [Relied on Pratap Singh v. State of Jharkhand 2005 3 SCC 551; Dharambir v. State (NCT of Delhi) 2010 5 SCC 344; Para 4, 5, 12-14] Hansraj v. State of U.P., 2025 LiveLaw (SC) 993 : 2025 INSC 1211
Juvenile Justice (Care and Protection of Children) Act, 2015; Issue of juvenility and the failure of the judicial machinery to recognize and act upon the constitutional mandate regarding juvenile justice. The appellant was convicted of culpable homicide amounting to murder in 1994 and sentenced to death. Throughout the legal proceedings, he consistently claimed to be a juvenile at the time of the offense, but his plea was ignored by the trial court, High Court, and even the Supreme Court in earlier rounds of litigation. Held, a plea of juvenility, which was not properly considered by Courts as per due procedure, cannot be treated as final. Therefore, a fresh plea of juvenility can be raised when the plea of juvenility was improperly adjudicated upon in the previous rounds. The Court emphasized the paramount duty of the judiciary to unearth the truth and ensure justice, particularly in cases involving juveniles. Procedural and substantive laws should not obstruct the discovery of truth, especially in social welfare legislations like the Juvenile Justice Act. The Court reiterated that the plea of juvenility can be raised at any stage, even after the final disposal of a case, and must be adjudicated upon in accordance with the law. The Supreme Court found that the appellant was indeed 14 years old at the time of the offense, as evidenced by school certificates and medical reports. The Court criticized the lower courts for ignoring crucial documents and failing to follow the procedural mandates of the Juvenile Justice Act. The appellant's incarceration for over 25 years was a grave injustice, and directed his immediate release, while maintaining his conviction. The Court also ordered the State Legal Services Authority to assist in his rehabilitation and reintegration into society. This judgment underscores the importance of the judiciary's role in ensuring justice for juveniles and the need for courts to actively seek the truth, particularly in cases involving vulnerable individuals. The Court's decision to allow the plea of juvenility even after final disposal of the case sets a significant precedent for future cases involving juvenile offenders. Om Prakash @ Israel @ Raju @ Raju Das v State of Uttarakhand, 2025 LiveLaw (SC) 35
Juvenile Justice (Care and Protection of Children) Act, 2015; Sections 15 and 94(2) - Juvenile Justice Board — Lack of Review Jurisdiction — Contradictory Findings on Juvenility Impermissible - The Juvenile Justice Board (JJB) constituted under the JJ Act, 2015 possesses no power of review, either expressly or by necessary implication, over its prior orders determining juvenility. Once the JJB accepts documentary evidence such as a school certificate establishing the date of birth of a child in conflict with law (in this case, 08.09.2003), it cannot in subsequent proceedings disregard the same, adopt a contradictory stance, or resort to medical opinion (e.g., ossification test estimating age as 21 years) to reopen the issue. Such action amounts to an impermissible review of its earlier order. Under Section 94(2) of the Act, medical evidence is admissible only in the absence of conclusive documentary proof; school records carry superior evidentiary value and cannot be overridden by subsidiary ossification tests. The Supreme Court thus upheld the High Court's grant of bail to the juvenile respondent, holding that a preliminary assessment under Section 15 recommending trial as an adult does not negate the statutory right to bail absent evidence of threat to the juvenile or society. Appeal dismissed. (Para 29) Rajni v. State of Uttar Pradesh, 2025 LiveLaw (SC) 602 : 2025 INSC 737
Juvenile Justice (Care and Protection of Children) Act, 2015; Sections 3(xiv), 24 - Disclosure of Juvenile Conviction in Character Certificate - Whether disclosure of a juvenile's conviction in a character certificate violates Section 24 and affects future employment prospects. Held, Section 24 protects juveniles by prohibiting disqualification from past convictions and mandating non-disclosure of such records in public or official documents. The Court quashed the portion of the appellant's character certificate disclosing his juvenile conviction and directed authorities to refrain from disclosing such records in future verifications. The High Court's dismissal of the appellant's petition for availability of an alternative remedy was erroneous, as it overlooked the violation of the JJ Act's rehabilitative intent. Section 24 promotes rehabilitation by preventing stigma from past convictions and mandates destruction of records after a specified period. Disclosure in official certificates undermines reintegration and contravenes the JJ Act's protective framework. As the appellant's offense was not heinous, its inclusion in records was unwarranted, posing no threat to public safety. Appeal allowed; character certificate quashed to the extent of disclosing juvenile conviction; authorities directed to ensure non-disclosure and prevent disqualification based on juvenile record. (Para 9, 14, 16) Lokesh Kumar v. State of Chhattisgarh, 2025 LiveLaw (SC) 245
Real-Time Data Collection - The Court supported proposals for a structured mechanism to track POCSO cases, sex education implementation, counseling services, and child marriage monitoring to enhance institutional accountability and transparency. A notice was issued to the Union of India to form a committee to address these suggestions. States and Union Territories were directed to ensure compliance with POCSO and Juvenile Justice Act provisions, with compliance reports to be submitted to the Ministry of Women and Child Development. (Paras 15, 31) In Re: Right to Privacy of Adolescents, 2025 LiveLaw (SC) 617 : 2025 INSC 778
Victim, now married to the accused and living with him and their child, did not perceive the incident as a crime. The victim's trauma resulted more from the legal process, societal judgment, and family abandonment than the incident itself. A committee report confirmed that the legal and social consequences caused greater harm than the act. The Court criticized deficiencies in the legal system and societal attitudes, acknowledging the victim's emotional attachment to the accused and her desire to protect her family. Previously, the Court had set aside controversial High Court remarks on adolescent sexuality, restored the conviction, and issued guidelines on judgment writing and compliance with the POCSO Act and Juvenile Justice (Care and Protection of Children) Act, 2015. The Court directed the government to provide educational and financial support to the victim and her child, with assistance from the State Legal Services Authority. Invoking Article 142, the Court refrained from sentencing the accused due to the unique circumstances, as the victim opposed punishment to preserve her family. (Paras 23, 24) In Re: Right to Privacy of Adolescents, 2025 LiveLaw (SC) 617 : 2025 INSC 778