Complainant Has No Right To Be Heard In Bail Proceedings Under Juvenile Justice Act: Delhi High Court

The Delhi High Court has ruled that a complainant has no right to be heard at every stage of bail proceedings under the Juvenile Justice Act. “The involvement of the complainant remains a matter of judicial discretion rather than an enforceable entitlement, and the fundamental principle of juvenile justice i.e., "rehabilitation over retribution" must remain paramount in any such determination,” Justice Chandra Dhari Singh said. “Additionally, there exists no absolute right for the complainant to be heard at every stage of juvenile justice proceedings, particularly in bail matters, as the scheme of the JJ Act prioritizes the rehabilitation of juveniles,” the Court said.Justice Singh rejected a plea moved by a complainant challenging a trial court order upholding an order passed by the JJB granting bail to a child in conflict with law and rejecting the plea to try him as an adult in a murder case.The trial court upheld the JJB order observing that the Board had followed due process and relied on the Preliminary Assessment Report, Social Investigation Report and Physical-Mental Drug Assessment Report and that there was no procedural illegality in granting bail.Rejecting the plea, the Court said that the process of age determination under the JJ Act does not require mathematical precision but must adhere to the prescribed statutory framework to ensure fairness and consistency. “In the present case, the JJB has followed the hierarchy laid down in Rule 12, relying on the first available document in the statutory order of preference,” it said.Further, the Court rejected the complainant's challenge to the age determination process of the CCL and said that the JJB's age determination process was held to be legally sound and in consonance with Rule 12 of the 2016 Rules and Section 94 of the JJ Act, 2015.On the challenge to grant of bail, Justice Singh said that the JJ Act mandates a presumption in favor of bail, which can only be denied if the prosecution demonstrates that one of the three statutory exceptions is met. The petitioner has failed to establish any of these grounds, the Court said.On the issue whether the complainant was denied an opportunity of hearing, leading to a violation of the principles of natural justice, the Court said that the concept of hearing the complainant at any stage of bail proceedings – before JJB, the appellate court or the revisional court – is completely foreign to the fundamental principles underlying this welfare legislation.It added that the legislative intent does not indicate any requirement to notify or hear the complainant before considering a CCL's bail application at any stage.“It is manifestly clear that an order granting bail to a CCL, does not cause any legal prejudice to the complainant or victim. Granting bail is an exercise in furtherance of the principle of liberty, extending the fundamental right of life and personal liberty enshrined under Article 21 of the Constitution of India to a person who has been arrested or confined under sanction of law,” the Court said. Title: MOHD. MUNIB v. STATE (NCT OF DELHI) AND ANR.Citation: 2025 LiveLaw (Del) 307Click here to read order

Complainant Has No Right To Be Heard In Bail Proceedings Under Juvenile Justice Act: Delhi High Court

Nupur Thapliyal

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