Court : Patna
..... is directed to be released on bail on his furnishing bail bond of rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of juvenile justice board, gaya in connection with rampur p.s. case no. 147 of 1998 corresponding to g.r. case no. 2599, of 1998 t.r.no. 4(g) of 2005. one ..... , gaya in g.r. case no. 2559 of 1998 trial no. 4(g)/2005 as well as by the sessions judge, gaya under section 52 of the juvenile justice act in cr. appeal no. 37 of 2005, petitioner's prayer for bail had earlier been rejected by the high court on four occasions on the ground that he is ..... this order no appeal was preferred by the state within the period of limitation.4. the situation is that there is no juvenile board in gaya. the state government has not nominated two social workers as members of juvenile justice board due to which the board has not been constituted as provided under section 4 of the act. since there is no properly ..... constituted, juvenile justice board trial of the juveniles in conflict with law are pending for years together and accused who have been declared juvenile are languishing, in the remand home for a period exceeding the maximum period of three years, for which a .....Tag this Judgment!
Court : Patna
..... for an occurrence which is alleged to have taken place on 21.4.2003. petitioner claimed to be a juvenile and for the determination of this age an enquiry as provided under section 49 of the juvenile justice (care and protection of children) act, 2000 (for short the act), was held by the additional chief ..... judicial magistrate. petitioner in support of his contention that he is a juvenile, produced the school leaving certificate in which his date of birth ..... chandramauli kr. prasad, j.1. this revision application has been preferred under section 53 of the juvenile justice (care and protection of children) act, 2000 against the order dated 30th september, 2003 passed by the 2nd additional sessions judge, ..... , same is in conformity with entry made in the school leaving certificate. the learned magistrate in such circumstances had held the petitioner to be a juvenile. he had also the advantage of seeing the petitioner in person, i am of the opinion that the learned magistrate in such circumstances was justified ..... , darbhanga who by his order dated 30th september, 2003 set aside the order of the learned magistrate and held the petitioner not to be a juvenile. while doing so the appellate court observed that the genuineness of the school leaving certificate is doubtful and in the absence of any contemporaneous documents, .....Tag this Judgment!
Court : Mumbai
Reported in : (2008)110BOMLR1645
..... is maintainable as at that time the appellant committed the offence admittedly he was less than 18 years and consequently whether the provisions of juvenile justice act, 2000 and juvenile justice amendment act 2006 will apply to him; (2) if the juvenile justice amendment act, 2006 is applicable considering that the appellant has already undergone more than 3 years of sentence of imprisonment whether this court ..... , as the appellant/applicant has already undergone imprisonment of more than 3 years, the maximum period for which an order could be made as provided under section 15 of the juvenile justice (care and protection of children) act, 2000 the appellant/applicant is directed to be released forthwith if not required in any other matter.(c) appeal disposed of accordingly. application ..... have been ordered to be produced before the board. the learned bench accepted the contention urged on behalf of the applicant before this court. 14. considering the provisions of the juvenile justice act, the law will have to be now considered not in the context of what was said either in the majority or concurring judgment in pratap singh (supra), but ..... considered we are of the opinion that the claim of such an applicant will have to be considered. 12. the state of maharashtra has framed what are known as maharashtra juvenile justice (care & protection of children) rules 2002 by notification dated 30th july, 2002. rule 6 is the relevant provisions in so far as the issue before us is concerned. rule .....Tag this Judgment!
Court : Karnataka
Reported in : 2005CriLJ2357; ILR2005KAR1572; 2005(2)KarLJ481
..... act, 2000 has overridden the provisions of section 26(a) of the cr. p.c. in view of specific provision in section 6(1) of the juvenile justice (care and protection of children) act and pronouncement of the supreme court in sheela barse's case and raghbir's case, the decision of karnataka high court ..... punishable with death or imprisonment for life?ans. it is held that section 27 of the cr. p.c. has no inconsistency with section 6 of the juvenile justice (care and protection of children) act, 2000. however, the words 'notwithstanding anything contained in any other law for the time being in force', used in section ..... without any valid reason or he fails to attend less than three-fourth of the sittings in a year'.it is to be noted that the juvenile justice board as per the new act shall consist of a metropolitan magistrate or a judicial magistrate of the first class along with two social workers forming ..... same has been transferred to the fast track court wherein it is pending.3. the presiding officer of the fast track court, noticing that as the juvenile justice board had already been constituted and in fact as it had taken up the case, but had committed the respondent to take his trial only in view ..... i, davangere in s.c. no. 29 of 2004 seeking decision of this court on a question of law as well as interpretation of certain provisions of the juvenile justice (care and protection of children) act, 2000 (hereinafter referred to as 'act no. 56 of 2000') vis-a-vis section 27 of the cr. p. .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2010CriLJ655
..... who is now definitely above 20 years of age cannot be sent to any borstal school under the provisions of west bengal children act and juvenile justice act. accordingly, the conviction of the appellant is maintained but his sentence is quashed and the appellant is directed to be released forthwith.52. ..... acts was not proper. technicalities were allowed to defeat the benefits of a socially oriented legislation like the bihar children act, 1982 and the juvenile justice act, 1986. if the high court had doubts about the correctness of their age as given by the appellants and also as estimated by the ..... those in need of care and protection. accordingly, the juvenile justice (care and protection of children) act, 2000 (for short '2000 act') has been enacted, which came into force w.e.f. 01-04- ..... the situations that arise in handing the problems, the situation would certainly be very much eased.17. after a review of the working of the juvenile justice act, 1986 (for short '1986 act') the legislature thought that greater attention is required to be given to children in conflict with law or ..... reflect the great anxiety of the constitution makers to protect and safeguard the interest and welfare of children in the country.15. while dealing with the juvenile justice act, the hon'be supreme court in pratap singh v. staet of jharkhand : 2005crilj3091 held as follows: thus, the whole object of the act .....Tag this Judgment!
Court : Allahabad
Reported in : 1993(2)ALT(Cri)20; 1994CriLJ1491
..... has already dealt with this point saying that the sentence if any, will be awarded to the child in accordance with the provisions of the juvenile justice act.27. i do not find any illegality or jurisdictional error in the. impugned order challenged in this revision. learned counsel for the ..... , forfeiture or punishment may be imposed as if the repealing act or regulation had not been passed.'it is, thus, evident that in spite of juvenile justice act 1986, any legal proceeding which was pending in respect of any right, privilege, obligation, liability, penalty, forfeiture or punishment under any repealed law ..... from the date of the publication in the u.p. gazette extra part iv section (ka) dated 19th january, 1988.7. prior to the juvenile justice act, 1986, the children act, 1960 having analogous provisions extended to union territories while various states had their own statute on the subject, namely children ..... . in the opinion of the lower court, the applicants do not get any benefit of the rulings at this stage. the crime was committed before juvenile justice act came into force and, therefore, the lower court held that children act, would be applicable. section 63 of the u.p. children act ..... an enquiry by the chief judicial magistrate or by the said court itself as contemplated under section 5, read with section 20/32 of the juvenile justice act. affidavit and papers in support of proof in regard to age, were also filed. authorities were cited on behalf of the revisionist before .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2000SC2264; 2000(2)ALD(Cri)22; 2000CriLJ2971; JT2000(6)SC320; 2000(4)SCALE515; (2000)5SCC488; Supp1SCR69; 2000(2)LC1062(SC)
..... to what would be the impact of the event of the child ceasing to be so before the conclusion of the trial and the effect of the plea under the juvenile justice act, 1986 having not been taken before the trial court and the trial having proceeded obvious of the provisions of the act. during the course of discussion the full bench ..... occurrence of the offence. generally speaking these cases are authorities for the propositions that (i) the technicality of the accused having not claimed the benefit of the provisions of the juvenile justice act at the earliest opportunity or before any of the courts below should not, keeping in view the intendment of the legislation, come in the way of the benefit being ..... fulfil international obligations (see treatise on the juvenile justice act by ved kumari, indian law institute, new delhi, p. 5). the said united nations standard minimum rules, called beijing rules, adopted by the general assembly in 1985 vide chapters ..... enacted on the ground that the subject-matter of such a legislation fell in the state list of the constitution. the u.n. standard minimum rules for the administration of juvenile justice enabled the parliament exercising its powers under article 253 of the constitution read with entry 14 of the union list to make any law for the whole of india to .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2009(57)BLJR2333; RLW2009(2)SC1400; 2009(6)SCALE695; (2009)13SCC211; 2009(6)LC2643(SC)
..... have been committed.39. having regard to the views expressed hereinabove, we are unable to sustain the impugned order of the high court in holding that the provisions of the juvenile justice act, 1986, would not be applicable to the appellant's case since he was allegedly 13 days above the age prescribed.40. in the instant case, the appellant was arrested ..... , is probably the section most relevant in setting at rest the question raised in this appeal, as it deals with cases which were pending on 1st april, 2001, when the juvenile justice act, 2000, came into force. the same is, accordingly, reproduced hereinbelow:20. special provision in respect of pending cases.- notwithstanding anything contained in this act, all proceedings in respect of ..... from adults in relation to commission of offences had been under the consideration of the central government ever since india achieved independence. with such object in mind, parliament enacted the juvenile justice act, 1986, in order to achieve the constitutional goals contemplated in articles 15(3), 39(e) and (f), 45 and 47 of the constitution imposing on the state a responsibility ..... indicates that at the time of commission of the offence, the appellant had completed 16 years and 13 days and was, therefore, excluded from the scope and operation of the juvenile justice act, 2000. furthermore, the medical examination conducted in respect of the appellant by a medical board indicated that his age at the relevant time was between 16 and 17 years .....Tag this Judgment!
Court : Delhi
Reported in : 131(2006)DLT663; 2006(91)DRJ719
..... the learned additional sessions judge while dealing with an application for bail on behalf of the petitioner conducted an inquiry under section 32 of the juvenile justice act, 1986 and determined the age of the petitioner. it was the contention of the learned counsel that since on the basis of such inquiry ..... accused hasan ali as 16 years and 25 days on the date of the challan. thereforee, no further determination of age was necessary by the juvenile justice board. on the other hand, the learned counsel for the petitioner had submitted, as indicated above, that the matter before the learned additional sessions ..... . before considering the rival contentions of the parties, it would be relevant to set out the material provisions of the said act:6. powers of juvenile justice board. - (1) where a board has been constituted for any district or a group of districts, such board shall, notwithstanding anything contained in ..... on 13.10.2004 would be in exercise of the powers conferred under section 6(2) and, thereforee, it was not necessary for the juvenile justice board to have conducted a full-fledged inquiry. the learned counsel for the state, however, also submits that the state is not averse to ..... submits that this revision petition has been filed inasmuch as the petitioner is aggrieved by the order dated 26.5.2005 passed by the juvenile justice board dismissing the petitioner's application of 12.5.2005 requesting for holding a full fledged inquiry with regard to the age of the accused .....Tag this Judgment!
Court : Delhi
Reported in : 2008(103)DRJ27
..... as on the date when the crime was committed. if he was below 18 years of age at that time, then he would be juvenile under the juvenile justice act and the provisions of this act would be applicable, once it is found that the case is covered by section 20 or section ..... , however, we feel the need to re-emphasize the directions of the hon'ble supreme court that keeping in view the underlying intendment of the juvenile justice (care and protection of children) act, 2000 and the beneficial nature of this socially oriented legislation enacted in consonance with clause (f) of article ..... 33 of 2006, sec. 25 (w.e.f. 22-8-2006).24. a cumulative reading of the above amended provisions of law relating to juvenile justice in juxtaposition with the unamended provisions of the act of 2000, in our opinion, unambiguously and explicitly makes clear the intent of the legislature on the ..... for and we, thereforee, straightaway proceed to consider the sole contention raised by mr. mishra who as indicated above, invokes the beneficial provisions of the juvenile justice (care and protection of children) act, 2000 to press for the release of the appellants, stating that after the recording of the conviction of the ..... amit kumar stated that they did not wish to press the appeals on merits as the appellants were entitled to avail of the beneficial provisions of the juvenile justice (care and protection of children) act, 2000. subsequently, since there was no appearance on behalf of the appellant amit kumar, mr. r.s .....Tag this Judgment!