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Law Relating to Bail to Juvenile Delinquent
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Sonia Kinra
Additional District & Sessions Judge-cum-Faculty Member at Chandigarh Judicial Academy, India.
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Dr. Versha Vahini
Head of Department at Department of Laws, Manav Rachna University, India
Abstract
The aim of the Juvenile Justice (Care and Protection of Children) Act, 2000 is based upon the rights of the Juvenile recognised by the United Nations Convention on the Rights of the Child 1989. To grant bail to the Juvenile is a rule, and jail is an exception. The three exceptions have been statutes in section 12 of the Act. The various High Courts and the Apex Court have interpreted these exceptions. This paper aims at the directions to be followed while deciding the bail applications of the juveniles and considering the circumstances if the same falls under the exception or not. There is no need for subjective satisfaction of the Juvenile Board, but an objective assessment of the reasonable grounds is to be there for declining the bail to the Juvenile, which should be based upon some material. It should not be a mechanical representation of the legal provision.
Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 5, Issue 2, Page 01 - 24
DOI: https://doij.org/10.10000/IJLMH.112494Creative Commons
This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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