Source: Supreme Court  

Why in News? 

The Supreme Court granted bail in the matter of Juvenile in Conflict with Law V v. State of Rajasthan & Anr. to a juvenile held for over a year, criticizing lower courts for not specifically applying the proviso to Section 12(1) of the Juvenile Justice Act. This provision allows for bail unless there are specific concerns about the juvenile's safety or justice.  

• Justice Abhay Oka and justice Augustine George Masih held in the matter of Juvenile in Conflict with Law V v. State of Rajasthan & Anr.    

What was the Background of Juvenile in Conflict with Law V v. State of Rajasthan & Anr.? 

• A juvenile who was charged with offenses under Sections 354 and 506 of the Indian Penal Code,1860(IPC) as well as Sections 9 and 10 of the Protection of Children from Sexual Offences Act, 2012 (POCSO). 
• The juvenile was taken into custody on 15th August, 2023 and sent to a Juvenile Care Home. 
• A charge sheet was filed against the juvenile on 25th August, 2023. 
• On 23thAugust, 2023, two days before the charge sheet was filed, the juvenile's application for bail under Section 12(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) was rejected. 
• A second application for bail was rejected by the Juvenile Justice Board (JJB) on 11th December 2023. 
• The juvenile appealed the JJB's decision to deny bail, but this appeal was dismissed by the Special Judge under the POCSO Act. 
• Subsequently, the juvenile filed a Revision Petition in the High Court of Rajasthan, challenging the decisions of the lower courts. 
• The High Court dismissed the Revision Petition, upholding the denial of bail to the juvenile. 
• Throughout this process, the juvenile remained in custody for over a year. 
• A Psychological Assessment Report of the juvenile was conducted, which formed part of the case record. 
• The juvenile, through his guardian-father, filed a Special Leave Petition in the Supreme Court of India, challenging the decisions of the lower courts and seeking bail. 

What were the Court’s Observations? 

• The Court noted that Section 12(1) of the Juvenile Justice Act mandates the release of a juvenile in conflict with law on bail, with or without surety, unless the proviso to this section is applicable. 
• The Court observed that the proviso to Section 12(1) allows for denial of bail only if there are reasonable grounds to believe that release would bring the juvenile into association with known criminals, expose them to moral, physical, or psychological danger, or defeat the ends of justice. 
• The Court found that neither the Juvenile Justice Board, nor the Special Court, nor the High Court had recorded any finding that the proviso to Section 12(1) was applicable in this case. 
• The Court emphasized that without recording such a finding, bail could not have been denied to the juvenile in conflict with law. 
• The Court took note of the Psychological Assessment Report of the juvenile, which indicated that the juvenile did not belong to a high-risk category and had "no worry" listed against the column "worry list of child". 
• The Court observed that the report was signed by a qualified Clinical Psychologist, lending credence to its findings. 
• The Court expressed concern that despite the absence of any finding justifying the application of the proviso to Section 12(1), the juvenile had been denied bail for over a year. 
• The Court held that the phraseology of Section 12(1) necessitates the release of a juvenile on bail unless the proviso is applicable, which was not established in this case. 
• The Court found that the continued detention of the juvenile for a year without proper justification under the law was unwarranted. 
• The Court deemed it necessary to intervene and correct the error in the application of Section 12 of the Juvenile Justice Act by the lower courts. 

What is Section 12 of Juvenile Justice (Care and Protection of Children) Act, 2015? 

• Section 12 of JJ Act,2015 deals with Bail to a person who is apparently a child alleged to be in conflict with law. 
• Applicability: 
  • This section applies to any person who appears to be a child. 
  • It covers situations where such a person is alleged to have committed any offense, whether bailable or non-bailable.  
  • The section is applicable when the child is apprehended, detained by police, appears before a Board, or is brought before a Board. 
• Overriding Effect:  
  • This section has an overriding effect on the Code of Criminal Procedure, 1973, and any other law in force.  
  • The provisions of this section take precedence over conflicting provisions in other laws. 
• Primary Rule for Release:  
  • The default position is that the child shall be released.  
  • Release can be on bail with or without surety. 
  • Alternatively, the child can be placed under the supervision of a probation officer.  
  • The child to be placed under the care of any fit person. 
• Exceptions to Release (Proviso):  
  • Release can be denied if there are reasonable grounds to believe: 
    • The release is likely to bring the child into association with known criminals, or  
    • The release may expose the child to moral, physical, or psychological danger, or  
    • The release would defeat the ends of justice. 
  • If bail is denied, the Board must record the reasons for denial and the circumstances leading to this decision. 
• Procedure When Not Released by Police:  
  • If the officer-in-charge of a police station does not release the child on bail under sub-section (1),  
  • The officer must ensure the child is kept only in an observation home. 
  • This detention in the observation home must be in the prescribed manner.  
  • The child must be kept there only until they can be brought before a Board. 
• Procedure When Not Released by Board:  
  • If the Board does not release the child on bail under sub-section (1),  
  • The Board must make an order sending the child to an observation home or a place of safety. 
  • This order specifies the period of stay during the pendency of the inquiry regarding the child. 
• Failure to Meet Bail Conditions:  
  • If a child in conflict with the law cannot fulfill the conditions of the bail order within seven days of the order,  
  • The child must be produced before the Board.  
  • The purpose of this production is for modification of the bail conditions. 
• Section 12(1) of Act states that when any person, who is apparently a child and is alleged to have committed a bailable or non-bailable offence, is apprehended or detained by the police or appears or brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person. 
  • Proviso provide that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the person’s release would defeat the ends of justice, and the Board shall record the reasons for denying the bail and circumstances that led to such a decision.