Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 is the key legal provision governing bail for juveniles in India.
Main Provisions of Section 12
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Mandatory Bail: Any person who is apparently a child and is alleged to have committed a bailable or non-bailable offence, if apprehended or detained by police or brought before the Juvenile Justice Board (JJB), shall be released on bail with or without surety, or placed under the supervision of a probation officer or any fit person.
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Overriding Effect: This provision overrides the Code of Criminal Procedure, 1973, and any other law in force. The intention is to ensure that bail is the rule and detention is the exception for juveniles.
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Exceptions to Bail: Bail can be denied only if there are reasonable grounds to believe that releasing the juvenile is likely to:
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Bring the juvenile into association with known criminals,
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Expose the juvenile to moral, physical, or psychological danger,
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Defeat the ends of justice.
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Interpretation by Courts
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The Supreme Court and various High Courts have repeatedly emphasized that bail is the norm for juveniles, and denial is an exception that must be specifically justified with reasons based on the exceptions listed above.
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The seriousness or gravity of the offence is not a ground for denying bail to a juvenile; only the specific exceptions under Section 12 apply.
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If bail is denied, the JJB must record detailed reasons showing how the case fits the exceptions.
Conditions and Procedure
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The JJB can impose conditions on the bail, such as supervision by a probation officer or care by a fit person.
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If a juvenile cannot fulfill bail conditions within seven days, they must be produced before the JJB for possible modification of conditions.
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If bail is refused, the juvenile may be sent to an observation home or a place of safety during the inquiry.
Key Judicial Observations
"The grant of bail to the child in conflict with the law be the norm and the proviso be that denial of such bail only when the release of the child is likely to bring the child into association with known criminals or expose one to psychological, moral, or physical danger or defeat the ends of Justice— Punjab & Haryana High Court.
Summary Table: Bail to Juvenile vs. Adult Accused
Feature | Juvenile (JJ Act, 2015) | Adult (CrPC) |
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Bail Rule | Bail is the norm | Depends on offence |
Exceptions | Only 3 specific grounds | Multiple grounds |
Applicability | All offences (bailable/non-bailable) | Varies by offence |
Consideration of Offence Gravity | Not relevant | Often relevant |
Authority | Juvenile Justice Board | Regular Courts |
Under Indian law, juveniles are entitled to bail as a matter of right, regardless of the nature of the offence, unless their release falls within the narrowly defined exceptions of Section 12 of the Juvenile Justice Act, 2015. Courts must provide clear reasons if bail is denied, and the welfare and rehabilitation of the juvenile remain paramount throughout the process.
Easy-to-Understand Notes: Bail to Juveniles under Indian Law
What Does Section 12 of the Juvenile Justice Act Say?
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Who is covered?Any person who appears to be a child (below 18 years) and is accused of any offence—bailable or non-bailable.
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General Rule:The child must be released on bail (with or without surety), regardless of the seriousness of the offence.
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Exceptions (When can bail be denied?):Bail can be refused only if the court thinks releasing the child will:
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Bring the child into contact with known criminals,
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Expose the child to moral, physical, or psychological danger,
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Defeat the ends of justice.
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No Difference for Offence Type:There is no distinction between bailable and non-bailable offences for juveniles.
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Overriding Law:This rule overrides the Code of Criminal Procedure (CrPC) and any other law.
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If Bail is Denied:The child may be sent to an observation home or a place of safety, not jail.
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Interim Bail:The Juvenile Justice Board (JJB) can grant interim bail while the main bail application is being decided.
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Conditions on Bail:The JJB can set conditions for bail, like supervision by a probation officer.
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If Bail Conditions Not Met in 7 Days:The child must be brought back before the JJB for possible changes in the conditions.
Court Practice and Case Law
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Courts must record reasons if bail is denied.
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The gravity of the offence is NOT a ground to deny bail to a juvenile.
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The Supreme Court has criticized lower courts for not following these rules strictly
Tips to Memorize
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Bail is the rule, jail is the exception for juveniles.
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Three reasons to deny bail:
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Association with criminals
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Danger to child
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Defeat ends of justice
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No difference between bailable and non-bailable offences.
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JJB, not regular courts, handles juvenile bail.
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If bail denied, child goes to observation home, not jail.
Quick Mnemonic:
"ABC for Juvenile Bail"
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Association with criminals
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Bodily or moral danger
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Court’s ends of justice defeated
If none apply, bail must be granted!
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