Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Juvenile - Determination of age - Two documents regarding date of birth of applicant already on record - He was below 16 years of age at the time of alleged incident as per said documents - There was thus, no occasion for JJ Board to direct an ossification test for determination of age of applicant..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 102, 12 -- Second revision petition - Maintainability - Order rejecting bail - First revision arose from rejection of first bail prayer filed while investigation was pending - No doubt, a second bail prayer may have to be considered on new grounds - But, when second bail application was filed,..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Determination of age of detenue - Where school record of detenue is impeccable, date of birth entered there has to be accepted by dint of S.94(2)(i) of the Act, there is no authority with Court to rely on medical evidence that comes last in the order of preference as to evidence of age u/s 94(2) of..........
Indian Penal Code, 1860, Section 324, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 324 IPC and S.75 of JJ Act - Quashing of proceedings - Allegation against school teacher/petitioner who beat children with cane on their legs, as children were engaged in clash - Child was not treated by..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Plea of juvenility - Can be raised in any Court at any stage and even after final disposal of a special leave petition u/art 136 of Constitution...........
Indian Penal Code, 1860, Section 302, 149, 147, 148, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A -- Plea of juvenility - Petitioner was 12 years 5 months old on the date of incident - Victim died as a result of multiple injuries caused by use of knife as well as lathis - No specific role attributed to petitioner - Petitioner has suffered..........
Criminal Procedure Code, 1973, Section 156(3), Juvenile Justice (Care and Protection of Children) Act, 2015, Section 27(9) -- Direction to register FIR by Child Welfare Committee - Child Welfare Committee is not empowered to direct police to register FIR - Child Welfare Committee is only empowered to forward a report to Juvenile Justice Board or to concerned police..........
Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Offence committed by juvenile u/ss 376 and 506 IPC and S.6 Protection of Children from Sexual Offences Act - Bail granted by Supreme Court and reiterated its direction to the State of Uttar Pradesh, to file an additional affidavit informing Supreme Court as to how..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - S.12 of the Act provides mandatory bail to a juvenile in conflict with law unless grounds provided u/s 12 Proviso of the Act is present - Juvenile should be reformed, rehabilitated and not punished - Bail is a rule and jail is an exception - Bail granted to juvenile...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Plea of juvenility - An entry relating to date of birth made in a school register is relevant only when there is a primary evidence with respect to date of birth available on the record - In other words, there must be material to show as to on what basis entry regarding age was made in school..........
