Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Child in conflict with law cannot be deprived of care and protection of family for their economic status...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Report of Probation Officer states that father of juvenile is a labourer and he earns Rs.15,000 pm and his mother works as cook and earns Rs.5000 pm - Therefore, he is capable of looking after the welfare and education of his son - Juvenile is studying in Class 9 - Neighbours have..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail - Juvenile in conflict with law - Bail cannot be denied to juvenile in conflict with law without recording finding that S.12(1) proviso of the Act is applicable to facts of the case...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail - Juvenile in conflict with law - Psychological Assessment report of juvenile records that juvenile does not belong to high risk category - Courts below have not recorded a finding that S.12(1) Proviso of the Act was applicable - Bail denied to juvenile for the last one year - Bail granted...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94(2) -- Age of victim - Determination - Basis of date of birth in matriculation certificate is not disclosed - Victim's version that she attended no school from Class-I to Class-3 has not been found convincing and reliable - View taken by trial judge to accept the date of birth certificate from school..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Gravity of offence is not a ground to reject bail...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - Murder case - Applicant was a juvenile on the date of occurrence - He does not have criminal history - Applicant has been in confinement for an unduly long period of time and trial has not concluded within time frame contemplated by the Act - More so, mother of applicant..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 79, Indian Penal Code, 1860, Section 370(5) -- Offence u/s 79 of the Act of 2015 and S.370(5) IPC - Quashing of summoning order - Allegation that sixteen minor boys were working as labourers in the factory of accused - However, evidence on record shows that accused has nothing to do with employment of..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 101(2), 15 -- Appeal - Order passed u/s 15 of the Act - While considering appeal against an order passed u/s 15 of the Act, appellate authority can also take assistance of experts other than those who assisted the Board...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 14 -- Inquiry u/s 14 of the Act - Time provided in S.14(2) of the Act to conduct inquiry is not mandatory but directory - Time so provided in S.14(3) can be extended by Chief Judicial Magistrate or the Chief Metropolitan Magistrate, as the case may be, for the reasons to be recorded in writing...........
