JJ Act Bars Public Disclosure Of Juvenile's Conviction Record; Child Won't Suffer Any Disqualification Due To Conviction : Supreme Court

The Supreme Court recently opined that Section 24 of the Juvenile Justice Act, 2015, which states that a child shall not suffer disqualification due to a conviction of an offence under this Act, is protective in nature. Therefor, cases where such conviction details continue to appear in public or official documents undermine the safeguard intended by the legislature. “By expressly stating that “a child ... shall not suffer disqualification, if any, attached to a conviction,” the provision carves out a unique sphere of immunity for individuals whose offences are adjudicated under the juvenile justice framework. This principle is rooted in the broader humanitarian object of the JJ Act, 2015- to rehabilitate and reintegrate juveniles into society, free from the stigma of their past conflicts with law.,” observed the Bench of Justices Vikram Nath and Sandeep Mehta.The Bench also highlighted Sub-section 2 of this provision, which talks about destructing the relevant conviction records after a certain period. Thus, this shows that the legislature intended a fresh start for juveniles and that the past will not hinder juvenile's future. In the present case, the appellant was convicted by the Juvenile Justice Board for misbehaving, abusing and beating one person. The Board had sentenced him to sit before it till the rising of the Board that day and imposed a fine of Rs. 600. This happened in the year 2021.Following this, in 2024, the appellant applied for recruitment at SIS Case Services Ltd. He was required to submit a character certificate from the concerned Police Station. The Superintendent of Police, while issuing the same, disclosed the above sentence. Challenging the same, the appellant approached the High Court contending that this disclosure adversely impacts his employment prospects. Further, this also marks a contravention of Section 24 of the Act.Notwithstanding, the High Court dismissed the petition observing that the appellant should challenge his conviction before the competent court under the Act. Thus, the present appeal.At the outset, the Court perused the aforesaid provision and also Section 3(xiv) which states “All past records of any child under the Juvenile Justice system shall be erased, except in special circumstances.”Further, the Court said that the appellant's misbehaviour did not amount to a heinous offence. The appellant did not pose any threat to public safety or security. Hence, continuing to reflect the Appellant's juvenile record in an official certificate directly conflicts with the rehabilitative policy that underpins the Act., the Court said.It was also highlighted that though the High Court ruled that the appellant should challenge the conviction, the main complaint was the disclosure of his juvenile records.“While it may be true that the Appellant can pursue an appeal or revision on the merits of the conviction, that reasoning overlooks his core complaint regarding the enduring disqualifying effect of such conviction, a consequence that the JJ Act, 2015 expressly seeks to nullify. Irrespective of whether the conviction is left intact, Section 24 of the JJ Act, 2015 protects juveniles from suffering ongoing disqualification in adulthood.”In view of this reasoning, the Court concluded that the High Court erred in relegating the Appellant to the alternative remedy as it did not resolve the conflict. Thus, a judicial intervention is warranted, prohibiting a juvenile record from hampering future prospects.“Therefore, we are of the considered view that the Impugned Order fails to recognize the proper scope and operation of Section 24 of the JJ Act, 2015. By dismissing the Appellant's challenge on grounds of an alternative remedy, the High Court inadvertently frustrates the Legislature's mandate that protects a rehabilitated juvenile's adult life prospects from the part conflict in law.”The upshot of the present ruling was that the appeal came to be allowed and the character certificate, to the extent it mentioned appellant's juvenile conviction, stood quashed. Apart from this, all concerned authorities were directed not to disclose the juvenile conviction in any future verification process concerning any opportunity for the appellant. The Court also directed that the appellant's juvenile conviction should not lead to any disqualification.This direction shall be strictly complied with by all authorities, including the police and other public bodies, who may be required to issue character certificates or conduct background checks on the Appellant., the Court marked before parting.Case name: LOKESH KUMAR v. STATE OF CHHATTISGARH & ANR., ARISING FROM SLP(Crl.) No(s). 851/2025Citation : 2025 LiveLaw (SC) 245Click here to read/ download the order

JJ Act Bars Public Disclosure Of Juvenile's Conviction Record; Child Won't Suffer Any Disqualification Due To Conviction : Supreme Court

Gyanvi Khanna

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JJ Act Bars Public Disclosure Of Juvenile's Conviction Record; Child Won't Suffer Any Disqualification Due To Conviction : Supreme Court

Gyanvi Khanna

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