A Critical Analysis Of Grounds For Disposal Of Bail Applications In The Juvenile Justice System Of India
- IJLLR Journal
- 6 minutes ago
- 2 min read
Sanidhya Kashyap, Advocate & Independent Legal Researcher, Ranchi, India.
Prerna Lakra, Advocate & Independent Legal Researcher, Ranchi, India
ABSTRACT
Bail under the juvenile justice framework in India operates on a fundamentally different footing from bail in the ordinary criminal justice system. Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 adopts a statutory presumption in favour of release of a child in conflict with law, irrespective of whether the alleged offence is bailable or non-bailable. The legislative approach reflects the rehabilitative philosophy of juvenile justice, under which children are treated as persons requiring care, protection, development and social reintegration rather than as miniature adult offenders. At the same time, the right to release is not absolute. The proviso to Section 12(1) identifies three specific grounds on which bail may be refused: the likelihood of association with a known criminal, exposure to moral, physical or psychological danger, or the possibility that release would defeat the ends of justice. The present article examines these grounds and the standards that should govern their application by Juvenile Justice Boards and appellate courts. It analyses the significance of reasoned orders, Social Investigation Reports, psychological assessments, family circumstances, previous conduct and the best-interest principle. The article also considers the treatment of serious and heinous offences, including POCSO cases, and argues that the gravity of the allegation cannot independently substitute the statutory grounds under Section 12. Recent judicial decisions demonstrate a growing insistence that bail decisions concerning children must remain evidence-based, child-sensitive and consistent with the rehabilitative objectives of the legislation.
Keywords: Juvenile Justice, Bail, Child in Conflict with Law, Section 12, Social Investigation Report, Ends of Justice, Rehabilitation, Juvenile Justice Board.
