Juvenile Justice (Care and Protection of Children) Act, 2015, Section 77, Criminal Procedure Code, 1973, Section 482 -- Offence u/s 77 JJ Act - Quashing of proceedings - Neither allegations related to S.77 JJ Act is corroborated by medical or psychological evidence nor allegation is sufficient according to written complaint and statement u/Ss. 161 and 164 Cr.P.C -..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 3(xiv), 24 -- Juvenile - Erasure of all past records - It is mandatory that all past records of any child under juvenile justice system should be erased except in special circumstances...........
Indian Penal Code, 1860, Section 342, 363, 366(A), 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Offence u/Ss. 342, 363, 366(A), 376(AB) IPC and S.6 POCSO - Bail - Accused aged 17 years and 17 days - Children Court without considering the Social Investigating Report..........
Indian Penal Code, 1860, Section 342, 363, 366(A), 376(AB), Protection of Children from Sexual Offences Act, 2012, Section 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Offence u/Ss. 342, 363, 366(A), 376(AB) IPC and 6 POCSO - Bail - Juvenile aged 17 years and 17 days - Children Court without considering the Social Investigating Report..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile in conflict with law - Bail - Neither the seriousness of alleged offence nor the age of juvenile are relevant for denying bail u/s.12 of JJ Act - Further, even the child aged 16 years or above who is alleged to have committed a heinous offence is also entitled to get bail u/s 12 of JJ Act...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail - End of justice - If the keeping of child in custody is helpful in his development and rehabilitation or protection, only then it could be said the release of child would defeat the ends of justice...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail - Denial of bail - The ground of denials must be based on relevant facts and circumstances emerging from the material on record including Social Investigation Report...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail - Social Investigation Report - If there is a concrete material in Social Investigation Report to show that the juvenile may face backless of the society, if he is released on bail, then bail could be denied to him for his protection ...........
Indian Penal Code, 1860, Section 452, 302 -- Murder - Plea of juvenile - Neither the Headmaster/Principal of the first attended school nor its records would qualify as `public servant' or `public record' or `public document' respectively - The certificate issued by School could not have been taken as conclusive proof of date of birth of Respondent No.2, discarding Form (A)..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 14(3), 15 -- Preliminary assessment - Time period of three months for concluding preliminary assessment is directory and not mandatory - Proceedings therefore, cannot be vitiated due to non-completion of inquiry within three months...........
