Supreme Court of India Judgements

46720 Judgements hosted as on 05/02/2025 - Search (FREE), Subscribe, Read & Download

Category: Juvenile Justice

Juvenile Justice

Penal Code, 1860 (IPC) – Sections 302, 363,342 and 201 – Juvenile Justice(Care and Protection of Children) Act, 2015 – Sections 2(13) and 6 –The Court analyzed relevant provisions of the JJ Act, emphasizing the mandatory nature of preliminary assessments for CICLs accused of heinous offences – The Court quashed the impugned judgment and ordered the appellant’s release, noting that the proceedings against him were vitiated due to the violation of the JJ Act.

Mar 26, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THIRUMOORTHY — Appellant Vs. STATE REPRESENTED BY THE INSPECTOR OF POLICE — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ. ) Criminal…

Juvenile Justice

Juvenile Justice (Care and Protection of Children) Act, 2015 – Section 94 – Juvenile – Determination of Age – In the order of priorities, the date of birth certificate from the school stands at the highest pedestal whereas ossification test has been kept at the last rung to be considered, only in the absence of the criteria Nos. 1 and 2, i.e. in absence of both certificate from school and birth certificate issued by a Corporation/Municipal Authority/Panchayat.

Mar 9, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH VINOD KATARA — Appellant Vs. STATE OF U.P. — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ. ) Writ Petition (Criminal) No(s).…

Juvenile Justice

Juvenile Justice (Care and Protection of Children) Act, 2000 – Section 16 – Juvenile Justice (Care and Protection of Children) Act, 2015 – Section 25 – Juvenile Justice (Care and Protection of Children) Rules, 2007 – Rule 12 – Penal Code, 1860 (IPC) – Sections 302 and 307 read with Section 34 – Murder – – the conviction of the appellant under Sections 302 and 307 IPC read with Section 34 IPC, but all the sentences which have been awarded to him are hereby quashed as such sentences cannot be given to a juvenile, in view of Section 16 of the Juvenile Justice Act, 2000 – The appeal is partially allowed concerning the issue of juvenility – The High Court’s order is modified accordingly.

Nov 25, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PAWAN KUMAR — Appellant Vs. STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul and Sudhanshu Dhulia, JJ. )…

Acquittal Juvenile Justice

Juvenile Justice (Care and Protection of Children) Act, 2015 – Section 9 (2) – a casual or cavalier approach should not be taken in determining the age of the accused or convict on his plea of juvenility, but a decision against determination of juvenility ought not to be taken solely for the reason that offence involved is heinous or grave HELD Going by that certificate, his age at the time of commission of offence was 12 years and 6 months. Thus, he was a child/juvenile on the date of commission of offence for which he has been convicted

Mar 28, 2023 sclaw

SUPREME COURT OF INDIA FULL BENCH NARAYAN CHETANRAM CHAUDHARY @APPLELLANT Vs. THE STATE OF MAHARASHTRA — Respondent ( Before : K.M. Joseph, Aniruddha Bose and Hrishikesh Roy, JJ. ) Criminal…

Juvenile Justice

Kathua Gang Rape and Murder Case – – Respondent accused was not a juvenile at the time of commission of the offence and should be tried the way other co-accused were tried – Impugned order passed by Chief Judicial Magistrate and the High Court which held that one of the accused was a juvenile is set aside – Appeal allowed.

Nov 27, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF JAMMU AND KASHMIR (NOW U.T. OF JAMMU AND KASHMIR) AND OTHERS — Appellant Vs. SHUBAM SANGRA — Respondent ( Before :…

Juvenile Justice

HELD It is evident from the report of the medical board that the first respondent was not a juvenile. The entire record which was sought to be relied upon by the first respondent in support of the plea of juvenility was fabricated. The High Court has erred in accepting the plea of juvenility.

Sep 20, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH XYZ — Appellant Vs. ABHISHEIK AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and Hima Kohli, JJ. ) Criminal Appeal Nos…

Juvenile Justice

Constitution of India, 1950 – Article 136 – Juvenile Justice (Care and Protection of Children) Act, 2000 – Section 7A – Plea of juvenility could be raised in any court, at any stage even after the final disposal of the Special Leave Petition under Article 136 of the Constitution. If two views possible on evidence then view holding accused to be juvenile be favoured in borderline cases.

Sep 13, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH VINOD KATARA — Appellant Vs. STATE OF UTTAR PRADESH — Respondent ( Before : Dinesh Maheshwari and J.B. Pardiwala, JJ. ) Writ Petition (Criminal)…

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I P C

Penal Code, 1860 (IPC) — Section 307 — Attempt to Murder — The complainant was abused and beaten by the accused, leading to an FIR under various IPC sections —Whether the injuries sustained by the complainant justify framing charges under Section 307 IPC — Petitioner argues that the injuries and the act of throttling indicate an intention to kill, warranting charges under Section 307 IPC — Respondent states that the injuries were minor, and the medical report did not conclusively support the charge of attempt to murder —The Supreme Court set aside the High Court’s order, directing the trial court to frame charges under Section 307 IPC —The intent to kill can be inferred from the circumstances and the doctor’s report suggesting the possibility of throttling —The extent of injuries is irrelevant if the intent to cause death is present, as per established legal precedents —The trial court must proceed with charges under Section 307 IPC, and the trial should be expedited.

Feb 5, 2025 sclaw
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