Supreme Court Annual Digest 2025: Juvenile Justice Act

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 ...

Supreme Court Annual Digest 2025: Juvenile Justice Act

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