9. Who is Juvenile in Conflict with Law? State the provisions concerning release of such juvenile on bail.
Who is a Juvenile in Conflict with Law?
A juvenile in conflict with law is a person who is alleged to have committed an offence and is under the age of 18 years.
Provisions Concerning Release on Bail (Secs 10 to 12 of the Act):
Care After Arrest: When a juvenile is arrested, they must be placed under the care of a special juvenile police unit or a child welfare officer.
Production Before Board: The juvenile must be produced before a Juvenile Justice Board within 24 hours, excluding the time for travel.
No Police Lockup: The juvenile should not be kept in a police lockup or jail under any circumstances.
Bailable Offence: If the juvenile is accused of a bailable offence, they may be released on bail, either with or without surety.
Non-Bailable Offence: If the juvenile is accused of a non-bailable offence, the Board may release them on bail, or they may be placed under the supervision of a probation officer.
Grounds for Denial of Bail: Bail may be denied if the juvenile is likely to come into contact with criminals, or if their release may endanger their safety or disrupt justice.
If Bail Not Granted by Police: If bail is not granted by the police officer, the juvenile will be placed in an observation home.
If Bail Not Granted by Board: If the juvenile is not released on bail by the Board, they may be sent to an observation home or place of safety.
Failure to Fulfill Bail Conditions: If the juvenile is unable to fulfill the bail conditions within 7 days, they will be brought before the Board to modify the bail conditions.
Board’s Consideration: The Board considers the juvenile’s age, circumstances of the case, and their risk before deciding whether to grant bail.
Case Law – State v. Sandeep Kumar (2019): The court considered the juvenile’s background before granting bail.
Case Law – Ravi Kumar v. State of Rajasthan (2017): The juvenile was granted bail due to the absence of previous criminal records and family support.
