Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Plea of juvenility |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Arms Act, 1959 (54 of 1959) Indian Penal Code (45 of 1860) Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Criminal Law – Plea of juvenility may be raised before any Court and it shall be recognised at any stage, even after final disposal of the case – Courts should be guided by object and purpose of the Juvenile Justice (JJ) Act and the matter should be considered prima facie on the touchstone of preponderance of probability – Juvenile Justice (Care and Protection) Act, 2015 – s.9(2). Held: The Court held that the claim of juvenility can be raised for the first time even in appeal if not pressed before the trial court, including the Supreme Court – The focus of JJ Act is on the juvenile’s reformation and rehabilitation, and hyper technical approach of the Court should not defeat the beneficent provisions contained in the Act – Reliance placed on Section 9(2) of JJ Act, 2015. [Para 10-13] Juvenile Justice (Care and Protection) Act, 2015 – s.94 – Prima facie case/ initial burden to be discharged by the claimant to satisfy the Court that inquiry into the belated claim of juvenility is necessary – Materials Held: The Court reiterated the guidelines laid down for evaluating the claim of juvenility raised after conviction by the Supreme Court in Abuzar Hossain vs State of West Bengal, (2012) 10 SCC 489 – The Court observed that where the plea of juvenility is raised at a belated stage, medical tests could be resorted to for age determination in absence of the documents enumerated in Section 94 of the JJ Act, 2015. [Para 12-13] |
Judge | Honble Mr. Justice Sandeep Mehta |
Neutral Citation | 2024 INSC 359 |
Petitioner | Rahul Kumar Yadav |
Respondent | The State Of Bihar |
SCR | [2024] 5 S.C.R. 501 |
Judgement Date | 2024-04-25 |
Case Number | 177 |
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