JJ Act - The Legal Chamber

This Supreme Court judgment affirms that claims of juvenility under the Juvenile Justice Act, 2000 can be raised at any stage, even post-conviction. The Court held that a juvenile offender cannot be detained beyond the statutory maximum period prescribed under the Act, and such excess detention violates Article 21 of the Constitution. Facts Of The Case: The petitioner, born on 10th June 1969, was convicted for a murder allegedly committed on 2nd November 1981, when he was approximately 12 years and 5 months old. The trial court, in its 1984 order, recognized his juvenility under the Children Act, 1960 and directed his placement in a children's home instead of prison. Following a reversal of his acquittal by the Supreme Court in 2009, the petitioner absconded and was subsequently arrested...

The Supreme Court overturned a High Court ruling, reinstating convictions under the POCSO Act and IPC, emphasizing that Section 482 CrPC cannot quash serious offenses even with victim settlement. The Court underscored the State's constitutional duty under Article 21 and the JJ Act to protect and rehabilitate POCSO victims and their children. Facts Of The Case: The case involves a criminal appeal by the State of West Bengal against a Calcutta High Court judgment from October 18, 2023. The High Court had set aside the conviction of an accused person under Section 6 of the POCSO Act and Sections 363 and 366 of the Indian Penal Code (IPC). The Supreme Court, in a judgment dated August 20, 2024, set aside the High Court's impugned judgment and restored the Special Court's verdict of convictio...

Tag: JJ Act

Supreme Court Allows Plea of Juvenility Raised Decades After Conviction in Murder Case

Supreme Court Protects Victim’s Rights: No Jail for Accused in POCSO Case