Monday 13 May 2024

Supreme Court Prescribes 30 Days Time Limit To Prefer Appeal Against Juvenile Justice Board Preliminary Assessment Order

 Though, the right of appeal has been provided in Section 15(2) and Section 101(2) of the Act against an order passed Under Section 18(3) after preliminary assessment Under Section 15 of the Act, however, neither any time has been fixed for filing the appeal nor any provision is provided for condonation of delay in case need be.

{Para 13}
13.1. In our opinion, the same being an omission. In order to make the Act workable and putting timelines for exercise of statutory right of appeal which always is there, we deem it appropriate to fill up this gap, which otherwise does not go against the scheme of the Act. Hence, for the period for filing of appeal in Section 101(2), we take guidance from Section 101(1) of the Act. The period provided for filing the appeal therein is 30 days and in case sufficient cause is shown the power to condone the delay has also been conferred on the appellate authority. Timeline has also been provided for decision of appeal.

Criminal Appeal No. 2411 of 2024 (Arising out of Special Leave Petition (Crl.) No. 3033 of 2024)
Child in Conflict with Law through his Mother Vs. The State of Karnataka and Ors.
Hon'ble Judges/Coram:
C.T. Ravikumar and Rajesh Bindal, JJ.
Author: Rajesh Bindal, J.

Decided On: 07.05.2024.

Citation:  MANU/SC/0395/2024.
Read full Judgment here: Click here.
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