JUVENILE JUSTICE ACT – CASE LAWS
CONSTITUTIONALITY OF THE ACT
Case Law – Subramanian Swamy v. Raju
The Constitutional validity of the Juvenile Justice Act was upheld in the abovementioned case. It was
held that the provisions of the Act are styled in the form of a welfare legislation for the benefit of
Juveniles.
NATURE & CHARACTER OF THE JUVENILE JUSTICE ACT
Case Law – Subramanian Swamy v. Raju
The Act contains recognition of the rights of the Juveniles under various international conventions.
The Act must be interpreted and understood to advance the cause of legislation and to confer benefits
of its provisions to the category of persons for whom the legislation has been made.
Case Law – Exploitation of Children in Orphanages, In Re.
The JJ Act, 2015 is an instrument/medium to honour the DPSPs, Article 39(f) in particular. It aims at
giving opportunities to the Children to develop in a healthy manner and in conditions of freedom and
dignity.
OVERRIDING EFFECT OF THE ACT
Case Law – Independent Thought v. Union of India
The JJ Act 2015 is a Special Act and shall prevail over IPC to the extent of inconsistency.
JUVENILE/CHILD ACCUSED
Case Law – Subramanian Swamy v. Raju
Same penal law i.e., IPC applies to all juveniles, the only difference is that a different scheme for the
trial and punishment is introduced by the JJ Act. Emphasis of Juvenile inquiry is to determine the guilt
or innocence of the juvenile and investigate underlying social and familial causes of the alleged crime
and aim of juvenile sentencing is to rehabilitate and reform the delinquent.
CHILD IN NEED OF CARE & PROTECTION OF JUVENILITY – LIBERAL INTERPRETATION
Case Law – Exploitation of Children in Orphanages, In Re.
The definition of the term ‘child in need of care and protection’ is not exhaustive. It should be given a
broader and purposeful interpretation. Beneficial legislation or social welfare legislation require liberal
rather than a literal interpretation.
RIGHTS OF THE CHILDREN
Case Law – Exploitation of Children in Orphanages, In Re.
Rights of the Children can be secured adequately only if monitoring and controlling provisions
contained in the Act are fully implemented.
RELEVANT DATE FOR DETERMINING AGE
Case Law – Hari Ram v. State of Rajasthan
The date relevant for determining the age so far as the accused juvenile is concerned, is the date of
occurrence and not the date of trial. Therefore, the age of the accused for the purposes of JJ Act is to
be reckoned from the date of incident and not from the date on which cognizance was taken by the
Magistrate.
1
MEDICAL REPORT – WHETHER CONCLUSIVE FOR DETERMINING THE AGE
Case Law – Jyoti Prakash Rai v. State of Bihar
A medical report determining the age of the person has never been considered by the courts of law as
also by the medical scientists to be conclusive in nature. After a certain age it is difficult to determine
the exact age of the person concerned on the basis of ossification test or other tests.
OPINION OF THE MEDICAL BOARD – WHEN TO BE CONSIDERED
Case Law – Ram Suresh Singh v. Prabhat Singh
Opinion of the Medical Board will be preferred only when the date of birth certificate from the school
or elsewhere is not available.
PLEA OF JUVENILITY – WHEN CAN BE RAISED
Case Law – Kulai Ibrahim v. State
Plea of juvenility can be raised before any Court and at any stage, including after disposal of the case.
PRISON REFORMS – PRISON MANUAL FOR JUVENILES
Case Law – Inhuman Conditions in Prisons, In Re.
Direction issued regarding preparation of Prison Manual for Juveniles in custody either in observation
homes or place of safety in terms of the Juvenile Justice Act.
ABUSE OF SUBSTANCES IN CHILDREN
Case Law – Bachpan Bachao Andolan v. Union of India
Directions issued regarding curbing and elimination of increasing use and abuse of substances in
children, mostly adolescent children.
