Privacy Of Juvenile In Conflict With Law Overrides Victim's Request For Copy Of Acquittal Order: Delhi High Court

The Delhi High Court has held that a victim has no right to seek certified copy of an order passed by the Juvenile Justice Board acquitting the accused, since no appeal lies from such orders.The Juvenile Justice (Care and Protection of Children) Act expressly bars appeal against an order of acquittal passed by the Juvenile Justice Board.Justice Swarana Kanta Sharma observed,“where no right of appeal exists in law, no corresponding enforceable right to seek a certified copy of the order for the purpose of challenge can be claimed, particularly when such disclosure may also infringe the confidentiality mandate under Section 21 of the JJ Act, 2000.”Section 21 places an embargo on the publication or disclosure of any report of inquiry which may reveal the name, address, or any other particulars leading to the identification of a juvenile in conflict with law.The Court thus declined the prayer made by the father of a minor sexual assault survivor, seeking copy of the JJB's order acquitting the accused, a juvenile in conflict with law.The High Court observed that the provision is intended to protect the privacy, dignity, and future prospects of the juvenile and has to be strictly construed. Moreover, the victim or her father did not possess a right to challenge the order of acquittal.The Court also declined the father's prayer seeking to harmonise statutes aimed at protection against sexual violence and to enact a separate Bill of Rights. “These prayers are clearly in the nature of broad public interest and policy formulation, traversing into the legislative and executive domain. The reliefs sought are not confined to the facts of the present case or the enforcement of any existing statutory duty, but instead seek sweeping directions for social reform and legislative action. Such prayers cannot be entertained or granted in the present writ petition, which is not framed or maintainable as a public interest litigation,” it said.The father had also sought formulation of an efficacious mechanism for grant and disbursement of compensation to victims of sexual assault. The Court however noted that a detailed statutory framework is already in existence.“The Delhi Victims Compensation Scheme, 2018, read with the Compensation Scheme for Women Victims/Survivors of Sexual Assault/Other Crimes, 2018, lays down the procedure, eligibility, timelines, and quantum for grant of interim as well as final compensation,” the Court said.Appearance: Ms. Charu Walikhanna, Advocate for Petitioner; Ms. Rupali Bandhopadhya, ASC with Mr. Abhijeet Kumar and Ms. Amisha Gupta, Advocates for RespondentsCase title: Social Action Forum For Manav Adhikar & Anr. v. State Of Nct Of Delhi & Anr.Citation: 2025 LiveLaw (Del) 1779Case no.: W.P.(CRL.) 807/2015Click here to read order

Privacy Of Juvenile In Conflict With Law Overrides Victim's Request For Copy Of Acquittal Order: Delhi High Court

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