Case Note & Summary
The petitioner, Prashant s/o Rammurat Tiwari, a 14-year-old student, filed a criminal writ petition through his natural guardian father seeking bail. He was accused of committing sexual assault upon the daughter of the complainant, who was about 1½ years old at the time of the incident on 20/12/2014. The incident allegedly took place in the complainant's house. The petitioner was arrested and his bail application was rejected by the Juvenile Justice Board and the Sessions Court. The High Court considered the issue of how to deal with a child in conflict with law who has committed a serious offence. The court observed that the Juvenile Justice (Care and Protection of Children) Act, 2000, does not view children as delinquents or criminals but as children in conflict with law, and their behaviour is not considered to have mens rea. The object of the Act is to provide proper care, protection, and treatment by adopting a child-friendly approach for rehabilitation. The court held that even for serious acts, a child cannot be attributed with criminal intention. The court allowed the petition, set aside the orders of the lower authorities, and directed that the petitioner be released on bail on executing a personal bond of Rs. 15,000 with one surety, and on condition that he attend the school regularly and not tamper with evidence or influence witnesses.
Headnote
A) Juvenile Justice - Child in Conflict with Law - Mens Rea - The Juvenile Justice (Care and Protection of Children) Act, 2000 - The court held that a child in conflict with law cannot be attributed with criminal intention even for serious acts, as such acts are impulsive behaviour without intention. The Act aims to provide care, protection, and rehabilitation, not punishment. (Paras 2-3) B) Juvenile Justice - Bail - Serious Offence - The Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12 - The court allowed bail to a 14-year-old petitioner accused of sexual assault on a 1½-year-old child, noting that the authorities below ought to have adopted a different approach in consonance with the object of the Act. The court directed the petitioner to be released on bail on certain conditions. (Paras 2-4)
Issue of Consideration
How to deal with a child in conflict with law who has committed a serious offence, and whether the authorities should adopt a child-friendly approach in consonance with the object of the Juvenile Justice (Care and Protection of Children) Act, 2000.
Final Decision
The petition is allowed. The impugned orders passed by the Juvenile Justice Board and the Sessions Court are set aside. The petitioner is directed to be released on bail on his executing a personal bond of Rs. 15,000 with one surety. The petitioner shall attend the school regularly and shall not tamper with evidence or influence witnesses.
Law Points
- Juvenile Justice (Care and Protection of Children) Act
- 2000
- child in conflict with law
- mens rea
- bail
- rehabilitation
- child-friendly approach
