Children In Conflict With Law & Juvenile Justice Act: All India High Courts Cases 2022

LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. Here are some important decisions relating to children in conflict with law and Juvenile Justice (Care and Protection of Children) Act, 2015:1. Identity Of Juvenile Is Not To Be Disclosed: Allahabad High Court Reminds Its RegistryCase Title: Juvenile 'X' through his father v. State of U.P. and Anr.Citation: 2022 LiveLaw (AB) 77The High Court has reiterated that the identity of a juvenile/ child in conflict with law must not be disclosed. Thus, the Court directed its Registry to redact the name of the juvenile accused in the present case, from the entire record.Justice Sanjay Kumar Pachori observed,"the identity of the juvenile in the present matter has been disclosed in the impugned judgment and order which violates the right to privacy and confidentiality of the juvenile and against the law laid down by the Supreme Court in Shilpa Mittal v. NCT Delhi, (2020) 2 SCC 787 wherein, it was held that the identity of the juvenile shall not be disclosed."2. Can't Deny Bail To A Juvenile If A Similarly Circumstanced Adult Offender Has Been Granted Bail: Allahabad High CourtCase title - X (Minor) v. State of U.P. and AnotherCase Citation: 2022 LiveLaw (AB) 140The Allahabad High Court reiterated that a Juvenile has a right to be released on bail where a similarly circumstanced adult offender has already been extended that liberty.The Bench of Justice Shamim Ahmed was of the further view that once the adult co-accused has been admitted to bail, there would be no justification to additionally test the case of the Juvenile with reference to the requirements of the proviso to sub Section (1) of Section 12 of the Juvenile Justice Act.3. Learning Driving License, Voter ID Card Can't Be Considered To Determine Juvenile's Age: Allahabad High CourtCase title - Naushad Ali v. State Of U.P. Through Secretary Home And AnotherCase Citation: 2022 LiveLaw (All) 170The High Court observed that the Learning Driving License and Voter I.D. Card should not be taken into account while determining the age of a juvenile.With this, the Bench of Justice Rahul Chaturvedi quashed the order of Special Judge, POCSO Act/Additional Sessions Judge, Bulandshahar rejecting an application moved on behalf of one Naushad Ali (Revisionist), booked under Rape, Penetrative Sexual Assault charges (under POCSO Act), for declaring him to be juvenile.4. [JJ Act] Social Investigation Reports Usually Prepared Without Proper Research, Can't Place Much Reliance On Them: Allahabad HCCase title - Minor Son Of Moolchand Through His Natural Guardian Grandfather Ved Prakash v. State Of U.P. And Another [CRIMINAL REVISION No. - 2126 of 2021]Case Citation: 2022 LiveLaw (AB) 438The Allahabad High Court observed that while denying or granting bail to a juvenile under the Juvenile Justice Act, much reliance can not be placed upon a social background or a social investigation report as they are usually prepared without proper research."...a social background or a social investigation report may have a very limited purpose to serve. The findings cannot be solely based on such reports, which are more than often very superficial and unscientific. It is common knowledge that social investigation reports are usually prepared in printed formats without proper research. In my opinion, not much reliance can be placed on such half-baked reports," the bench of Justice Jyotsna Sharma remarked as it denied bail to a juvenile accused of committing murder while he was just over 13 years old.5. Factors Like Nature Of Crime, Methodology Adopted Assume Significance In Denying Bail To A Juvenile: Allahabad High CourtCase title - Mr.X(Minor) v. State Of U.P.And Another [CRIMINAL REVISION No. - 1036 of 2022]Case Citation: 2022 LiveLaw (AB) 474The Allahabad High Court has observed that factors such as the nature of the crime, the methodology adopted, the manner of commission, and the evidence available assume ample significance in deciding to deny bail to a juvenile.The bench of Justice Jyotsna Sharma observed thus as it stressed that bail to a juvenile is not a must in all cases as it can be denied if, in the opinion of the Court, his release would defeat the ends of justice.6. "He Needs Intensive Counselling": Allahabad High Court Denies Bail To Juvenile Who Allegedly Raped His 8-Year-Old StudentCase title - X (Juvenile) v. State Of U.P. And 3 Others [CRIMINAL REVISION No. - 2521 of 2022]Case Citation: 2022 LiveLaw (AB) 498Denying bail to a Juvenile, a religious teacher, who allegedly raped an 8-year-old girl (his student), the Allahabad High Court today observed that he needed counseling by psychiatrists/experts not only for his own betterment but also for the health of society."He needs to be extended services of reformatory and rehabilitatory nature so that he can move without posing danger to himself as well as to the public and so that he can be brought back to the mainstream," the bench ...

Children In Conflict With Law & Juvenile Justice Act: All India High Courts Cases 2022

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