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Juvenile Conflict with Law - Identification, Custody, and Handover Procedures
Identification of Juveniles: Juveniles in conflict with law are identified based on age and legal proceedings, often through police reports, social investigation, or reports from the Juvenile Justice Board (JJB). For example, the juvenile in conflict with law can be given in the custody of natural guardian ["VISHAL GUPTA (JUVENILE) vs STATE OF UTTARAKHAND - Uttarakhand"], and the name of the school of the Juvenile had been reported and such report was sufficient to identify the Juvenile in conflict with law ["Vikash Kumar vs The State of Bihar - Patna"].
Custody Limits: The Juvenile Justice (Care and Protection of Children) Act, 2015 emphasizes that custody of juveniles is protective, not punitive. The custody of a juvenile is not punitive in nature and is a protective one ["Minor ‘X’ through his Guardian/Father VS State of U. P. - Allahabad"]. The Act mandates that juveniles should be kept in observation homes or places of safety, not in police or jail custody, unless legally justified. When a juvenile is apprehended, they shall be placed under the charge of the special juvenile police unit or the designated child welfare police officer ["Vikash Kumar vs The State of Bihar - Patna"]. Custody in police lock-ups or jails is generally deemed inappropriate, and the law prioritizes social reintegration.
Bail and Release Conditions: Under Section 12 of the Juvenile Justice Act, 2015, juveniles in conflict with law shall be released on bail, with the court considering their best interests. The child in conflict with law shall be released on bail, on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount ["S.K.Y. @ S.K.Y. @ S.K. @ S vs The State of Bihar - Patna"], ["Vikash Kumar vs The State of Bihar - Patna"], ["XXXX vs The State of Bihar - Patna"]. The bail process is designed to facilitate social reintegration and avoid punitive detention, with courts exercising discretion based on the child's well-being.
Safe Handover and Custody Limits: The law mandates safe and proper handover procedures, ensuring the juvenile's safety and well-being. The manner in which a juvenile in conflict with law when apprehended should be dealt with is clearly mandated in the Juvenile Justice (Care and Protection of Children) Act, 2015 ["Minor. Gurusamy vs State Of Tamilnadu Rep By In - Madras"]. Custody should be with guardians, the juvenile board, or recognized institutions, not arbitrary detention. The juvenile in conflict with law shall be enlarged on bail ["S.K.Y. @ S.K.Y. @ S.K. @ S vs The State of Bihar - Patna"], and in cases where custody is necessary, it must be in accordance with legal provisions and safety considerations.
Custody and Safety Concerns: Custody decisions are influenced by safety, the juvenile's age, and the risk of harm. The custody with father would not be safe because during his stay he came in conflict with law ["MINOR DHRUVINKUMAR JITENDRAKUMAR PARMAR THRO' JITENDRAKUMAR M. PARMAR vs STATE OF GUJARAT - Gujarat"], and the release of juvenile would not be safe and his custody in the remand home would be safe ["MINOR DHRUVINKUMAR JITENDRAKUMAR PARMAR THRO' JITENDRAKUMAR M. PARMAR vs STATE OF GUJARAT - Gujarat"]. Courts may deny bail or custody if they find the juvenile's safety or the community's peace at risk, requiring judicial oversight.
Analysis and Conclusion:The juvenile conflict with law is primarily identified through age verification and legal proceedings under the Juvenile Justice Act, emphasizing rehabilitation over punishment. Custody must be safe, protective, and in line with legal mandates, avoiding punitive detention unless absolutely necessary. Safe handover procedures involve police, guardians, or juvenile courts ensuring the child's safety, with bail being the preferred option to promote social reintegration. Custody limits are designed to prevent harm and facilitate the child's best interests, with strict procedures for apprehension, custody, and safe handover in accordance with the law ["S.K.Y. @ S.K.Y. @ S.K. @ S vs The State of Bihar - Patna"] ["S.K.Y. @ S.K.Y @ S.K. vs The State of Bihar - Patna"] ["XXXX vs The State of Bihar - Patna"].
In India's justice system, handling children alleged to have committed offenses requires a delicate balance between accountability and protection. Juveniles, defined as those under 18, are treated differently from adults to prioritize rehabilitation over punishment. A common query arises: What is the juvenile conflict with law identification, custody limits and safe handover procedures? This blog post breaks down these processes under the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act), offering insights into age verification, detention restrictions, and child-friendly protocols. Note: This is general information; consult a legal expert for specific advice.
A 'child in conflict with law' (CICL) is someone who has not completed 18 years of age at the time of the alleged offenceJitendra Singh @ Babboo Singh VS State of U. P. - 2013 5 Supreme 232Hari Ram VS State of Rajasthan - 2009 0 Supreme(SC) 942. This definition underscores that age at the time of the incident is crucial, not at arrest or trial. Once identified as a juvenile, standard adult criminal procedures do not apply, ensuring welfare-oriented handling.
Identification hinges on age determination, a structured process to confirm juvenility:
The process must be completed promptly, as delays can affect legal status. Courts emphasize that claims of juvenility trigger this inquiry, protecting against wrongful adult trials Hari Ram VS State of Rajasthan - 2009 0 Supreme(SC) 942.
A cornerstone of the JJ Act is prohibiting juvenile detention in adult facilities. A juvenile cannot be detained or confined in police lock-ups or jailsJitendra Singh @ Babboo Singh VS State of U. P. - 2013 5 Supreme 232Hari Ram VS State of Rajasthan - 2009 0 Supreme(SC) 942. This aligns with the Act's rehabilitative ethos.
Additional sources reinforce this: Confinement in police or jail custody is 'foreign to the Juvenile Justice Act', with Model Rules 2016 (Rule 9) outlining production procedures Suhana Khatun vs State of West Bengal - 2025 Supreme(Cal) 720. Police sensitization is mandated to implement these duties Arijit Adhikary VS State of West Bengal - 2023 Supreme(Cal) 412.
Handover prioritizes safety and welfare:
The JJB conducts child-friendly inquiries, ensuring psychological well-being and avoiding ill-treatment Jitendra Singh @ Babboo Singh VS State of U. P. - 2013 5 Supreme 232.
Bail is the default for juveniles under Section 12 of the JJ Act. Release occurs unless:- Reasonable grounds exist that it brings the child into association with known criminals;- Exposes the child to moral, physical, or psychological danger; or- Defeats ends of justice Jitendra Singh @ Babboo Singh VS State of U. P. - 2013 5 Supreme 232Hari Ram VS State of Rajasthan - 2009 0 Supreme(SC) 942.
Seriousness of the offense isn't a factor; the burden lies on prosecution to prove exceptions. Courts grant bail even in heinous cases absent risks, emphasizing rehabilitation Xxx vs State Of Kerala - 2025 Supreme(Ker) 2418Juvenile X through his Natural Guardian his Father namely Raja Ray vs The State of Bihar - 2025 Supreme(Online)(Pat) 1887. For instance, after prolonged custody (e.g., over 90 days), bail was ordered as no dangers were shown Xxx vs State Of Kerala - 2025 Supreme(Ker) 2418.
In one case, petitioners in custody since 2019/2025 were released, noting bail denial must be justified by record evidence Naman VS State Of Haryana - 2020 Supreme(P&H) 1141Xxx vs State Of Kerala - 2025 Supreme(Ker) 2418. Even for 16+ year-olds tried as adults, post-21 transfer to jail is possible, but initial custody remains protective Saurav Kumar @ Sahgal Pratap Singh @ Saurav Kumar Singh VS State of Bihar - 2020 Supreme(Pat) 310.
Anticipatory bail under CrPC Section 438 isn't maintainable for juveniles, as JJ Act procedures suffice Suhana Khatun VS State Of West Bengal - 2022 Supreme(Cal) 30.
The JJ Act aligns with UN Convention on the Rights of the Child and Beijing Rules, making detention a last resort Jitendra Singh @ Babboo Singh VS State of U. P. - 2013 5 Supreme 232SUBRAMANIAN SWAMY VS RAJU THR. MEMBER JUVENILE JUSTICE BOARD - 2014 3 Supreme 220. Key safeguards include:
Exceptions for denial are narrow, with liberty as the 'supreme factor' RADHIKA SHAMJI KENIYA MINOR THRO PREMJIBHAI PACHANBHAI MAHESHWARI VS STATE OF GUJARAT - 2021 Supreme(Guj) 416.
These procedures safeguard rights, prevent abuse, and promote welfare. States must sensitize police for compliance Arijit Adhikary VS State of West Bengal - 2023 Supreme(Cal) 412. For personalized guidance, seek legal counsel.
References:- Jitendra Singh @ Babboo Singh VS State of U. P. - 2013 5 Supreme 232, Hari Ram VS State of Rajasthan - 2009 0 Supreme(SC) 942, ASHWANI KUMAR SAXENA VS STATE OF M. P. - 2012 0 Supreme(SC) 619, SUBRAMANIAN SWAMY VS RAJU THR. MEMBER JUVENILE JUSTICE BOARD - 2014 3 Supreme 220, Arijit Adhikary VS State of West Bengal - 2023 Supreme(Cal) 412, Suhana Khatun vs State of West Bengal - 2025 Supreme(Cal) 720, Xxx vs State Of Kerala - 2025 Supreme(Ker) 2418, Juvenile X through his Natural Guardian his Father namely Raja Ray vs The State of Bihar - 2025 Supreme(Online)(Pat) 1887, Suhana Khatun VS State Of West Bengal - 2022 Supreme(Cal) 30, RADHIKA SHAMJI KENIYA MINOR THRO PREMJIBHAI PACHANBHAI MAHESHWARI VS STATE OF GUJARAT - 2021 Supreme(Guj) 416, Saurav Kumar @ Sahgal Pratap Singh @ Saurav Kumar Singh VS State of Bihar - 2020 Supreme(Pat) 310, Naman VS State Of Haryana - 2020 Supreme(P&H) 1141
This post is for informational purposes only and not legal advice.
#JuvenileJustice, #JJAct2015, #ChildRights
Case No. 408 of 2023, subject to the following conditions: Juvenile Justice (Care and Protection of Children) Act, 2015 reads as under:- “ Section 12 Bail to a person who is apparently a child alleged to be in conflict with law. ... Accordingly, the child in conflict with law shall be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Juvenile Justice Board, Bhagalpur/ conce....
in safe custody and produce him before the learned Juvenile Justice Board as and when required. ... Case No. 670 of Juvenile Justice (Care and Protection of Children) Act, 2015 reads as under:- “ Section 12 -Bail to a person who is apparently a child alleged to be in conflict with law.
Case No. 74 of 2024, subject to the following conditions: Juvenile Justice (Care and Protection of Children) Act, 2015 reads as under:- “ Section 12 -Bail to a person who is apparently a child alleged to be in conflict with law. ... But the courts below did not consider the well being of a juvenile and did not exercise their jurisdiction vested upon it by the law. ... Accordingly, the child in conflict with law shall be released on bail, on furnishing bail bond of Rs....
The reason for pointing out as to what are the procedures to be followed by the police in relation to the children in conflict with law, we have given a glimpse of pre-production action of the police and other agencies. ... In terms of sub-rule (7) when the child is released in a case where apprehending of the child is not warranted, the parents or guardians or a fit person in whose custody the child alleged to be in conflict with law is placed in the best interest of the child, shall ....
Juvenile Justice (Care and Protection of Children) Act, 2015 reads as under:- “ Section 12 Bail to a person who is apparently a child alleged to be in conflict with law. ... In the aforesaid facts and circumstances, I am of the considered opinion that the child in conflict with law could be released on bail.
The custody of a juvenile is not punitive in nature and is a protective one. (iv) Rule 9 of the Model Rules, 2016 becomes applicable only when a child in conflict with law is apprehended. ... Apprehension of child alleged to be in conflict with law: (1) As soon as a child alleged to be in conflict with law is apprehended by the police, such child shall be placed under the charge of the special juvenile police unit or the designated ....
It is further noted that confinement of juvenile in conflict with law or detention in police custody or jail custody of the child in conflict with law is foreign to the Juvenile Justice Act. 5. ... The Rule 9 of the Juvenile Justice (Care and Protection of Children)Model Rules, 2016 lays down the following procedures to be followed relating to the production of the child in conflict with #HL_START....
On the basis of the said petition filed by the Inspector of Police, the Juvenile Justice Board having heard both the parties passed orders on 14.11.2022 canceling the bail granted to the children in conflict with law/petitioners herein. ... The petitioners, who are children in conflict with law are questioning the cancellation of bail granted to them in an offence of murder vide order in Crl.M.P.No.962 of 2022 in Cr.No.100 of 2022 passed by V Additional Metropolitan Magistrate cum-Principal Magistrate o....
Similarly, in the decision in Juvenile in Conflict with Law V v. ... Firoz, the learned counsel for the petitioners contended that the children in conflict with law have been in custody from 01.03.2025 and some of them, from 04.03.2025 onwards. ... The Juvenile Justice Boards are responsible primarily for handling children in conflict with law. When a child in conflict with law is brought before t....
Juvenile Justice (Care and Protection of Children) Act, 2015 reads as under:- “ Section 12 Bail to a person who is apparently a child alleged to be in conflict with law. ... Learned counsel for the petitioner submits that the orders of the learned courts below are against the law as well as the facts existing on record. The petitioner was declared child in conflict with law (in short ‘CICL’) by the J.J. Board, Saran at Chapra vide order dated 18.11.2024. ... Learned counsel further su....
We also find a significant amendment to section 12 of the Act of 2000 which is incorporated in Act of 2015. From the proviso to the aforesaid section of the Act, it is manifestly clear that under no circumstances a juvenile or a child in conflict with law can be put behind bars either in police lock-up or in jail. For the sake of convenience of discussion the previous and the present provisions of section of 12 of the Juvenile Justice Act is enumerated hereunder. It is further noted that confinement of juvenile in conflict with law or detention in police custody or jail custody of ....
(2) The State Government may make rules consistent with this Act,— (i) to provide for persons through whom (including registered voluntary organisations) any juvenile in conflict with law may be produced before the Board; (ii) to provide the manner in which such juvenile may be sent to an observation home.” 10. Section 10 of the Act, is reproduced hereinbelow:- “10. Apprehension of juvenile in conflict with law.—1 [(1) As soon as a juvenile in conflict with law is apprehended by police, he shall be placed under the charge of the special juvenile police unit or the designate....
Section 19 of the Act 2015 says that after the preliminary assessment under Section 15 of the Act, the Children s Court may conduct the trial of a child above 16 years of age as an adult and may pass appropriate orders after trial subject to the provisions of Section 19 and Section 21 of the Act. Furthermore, Section 19(3) of the Act 2015 says that the Children s Court shall ensure that the child who is found to be in conflict with law is sent to a place of safety till he attains the age of 21 years and, thereafter, the person shall be transferred to a jail. The aforesaid Section 1....
The aforesaid Section 19(3) of the Act reflects that a child conflict with law can be detained in safe custody and thereafter after attaining the age of 21 years, the said child in conflict with law can be sent to a jail. Section 19 of the Act 2015 says that after the preliminary assessment under Section 15 of the Act, the Children’s Court may conduct the trial of a child above 16 years of age as an adult and may pass appropriate orders after trial subject to the provisions of Section 19 and Section 21 of the Act. Furthermore, Section 19(3) of the Act 2015 says that the Chi....
The juvenile in conflict has been in custody since 25.07.2019. On the basis of the complaint, FIR No.142 dated 24.07.2019 was registered under Section 376-AB of the Indian Penal Code, 1860 (IPC) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 at Police Station Bilaspur, Yamuna Nagar.
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