The Supreme Court has issued a pivotal decision concerning juvenile justice, stating that a juvenile cannot be denied bail unless specific conditions threaten the justice system’s integrity. This ruling comes in the wake of a case involving a juvenile charged with sexual assault, where the minor had been in custody for over a year.
Justices Abhay S Oka and Augustine George Masih overturned earlier decisions from the Rajasthan High Court and a juvenile justice board, which had previously denied bail to the juvenile. The Supreme Court’s judgment emphasized the necessity of recording explicit reasons if bail is to be denied, as stipulated under the Juvenile Justice (Care and Protection of Children) Act, 2015.
The bench clarified that under Section 12 of the JJ Act, a juvenile should typically be released on bail unless there is a significant risk of the juvenile associating with known criminals, or exposure to moral, physical, or psychological dangers. The order also noted, “Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the person’s release would defeat the ends of justice, and the Board shall record the reasons for denying the bail and circumstances that led to such a decision.”*
The justices were critical of the previous handling of the case, noting that the relevant authorities had not properly documented reasons for denying bail as required. They ordered the juvenile’s release without surety but directed that the juvenile justice board should supervise the minor through a probation officer and require regular conduct reports.
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The juvenile, whose identity remains protected, had been detained since August 15, 2023, with charges filed ten days later. Despite multiple attempts to secure bail, each plea was rejected by both the juvenile justice board and the Rajasthan High Court.
