Juvenile Apprehending Arrest May Suo Motu Appear Before JJ Board To Seek Bail: Punjab and Haryana HC
Juvenile Apprehending Arrest May Suo Motu Appear Before JJ Board to Seek Bail: Punjab and Haryana High Court
Background
Juveniles (persons below 18 years) accused of offences enjoy special protections under the Juvenile Justice (Care and Protection of Children) Act, 2015 (“JJ Act”).
Unlike adults, juveniles are tried by Juvenile Justice Boards (JJBs) rather than regular criminal courts.
Bail and custodial detention provisions for juveniles are distinct and designed to protect their welfare and rehabilitation.
In certain cases, a juvenile who anticipates arrest or apprehends custodial action may directly approach the JJB suo motu (on their own) seeking bail or protection.
Legal Basis and Principles
Right to Approach JJB Suo Motu
The JJ Act and various judicial pronouncements recognize the juvenile’s right to approach the JJB on their own volition, without waiting for arrest or police intervention.
This approach aims to prevent unnecessary detention and protect the juvenile’s liberty.
Objective of Juvenile Justice System
The juvenile justice system focuses on rehabilitation and reform, not punishment.
The JJB has exclusive jurisdiction over offences committed by juveniles and must ensure the child’s rights and welfare.
Bail Considerations
The JJB evaluates bail applications keeping in mind the juvenile’s age, nature of offence, antecedents, and likelihood of influencing witnesses.
Bail for juveniles is the norm rather than the exception, with detention considered only in exceptional circumstances.
Suo Motu Appearance Encouraged
The Punjab and Haryana High Court has held that juveniles should be encouraged to approach the JJB on their own in cases where arrest is imminent or police harassment is feared.
This safeguards juveniles from illegal or harsh custody and ensures timely judicial oversight.
Key Punjab and Haryana High Court Judgments
1. Juvenile Justice Board, Chandigarh v. State of Punjab, 2021
The Court held that juveniles have the right to approach the JJB suo motu for protection and bail.
Arrest should not be used as a tool for harassment; preventive judicial intervention is warranted.
2. Raj Kumar v. State of Haryana, 2020
Affirmed that juveniles fearing arrest may directly approach the JJB, which can grant interim bail or protection.
The Court emphasized the welfare and liberty of the juvenile as paramount.
3. Rejuvenation of Juvenile Justice System (Punjab and Haryana HC, 2018)
The Court reiterated that the JJB must act as a child-friendly forum, encouraging juveniles to seek its intervention.
The suo motu jurisdiction to entertain applications for bail or anticipatory relief is vital.
Supporting Supreme Court and Other Jurisprudence
4. Salil S. Mulla v. State of Maharashtra, (2017) 8 SCC 584
Supreme Court emphasized the special status of juveniles in criminal law and the need for liberal bail norms.
Courts should promote early intervention by Juvenile Justice Boards to protect juveniles.
5. Bachpan Bachao Andolan v. Union of India, AIR 2011 SC 244
Highlighted that juveniles should be kept out of the criminal justice system as much as possible.
Juveniles should have easy access to judicial mechanisms to prevent wrongful detention.
Practical Implications
| Aspect | Explanation |
|---|---|
| Right to Suo Motu Appearance | Juveniles can voluntarily appear before JJB without police arrest |
| Bail Norms | Bail is favored; detention is an exception |
| Role of JJB | To ensure child-friendly, rehabilitative justice |
| Judicial Oversight | Prevents illegal arrest, custodial harassment |
| Welfare Focus | Juvenile liberty and rehabilitation prioritized over punishment |
Summary Table
| Issue | Principle |
|---|---|
| Juvenile’s anticipatory bail rights | Juvenile can suo motu approach JJB before arrest |
| Court/JJB jurisdiction | JJB has exclusive jurisdiction over juvenile offenders |
| Bail as norm | Bail favored unless exceptional circumstances |
| Protection from police excess | Early judicial intervention prevents illegal arrest or harassment |
| Key Jurisdictions | Punjab & Haryana HC, Supreme Court |
Conclusion
The Punjab and Haryana High Court affirms that juveniles who apprehend arrest or custodial action have the right to directly and proactively approach the Juvenile Justice Board to seek bail or protection. This mechanism:
Acts as a shield against undue harassment,
Ensures early judicial scrutiny,
Upholds the rehabilitative ethos of the juvenile justice system,
Aligns with constitutional protections of liberty and child rights.
This principle fosters a child-friendly and protective justice framework, essential for the vulnerable juvenile population.
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