Bombay HC; Bail in Cases Involving Young Offenders: Balancing Justice, Rehabilitation, and Education

 Before me is the case of a young offender and as held above his exclusion from the normal educational stream for a period of time brings about unpleasant consequences and harm which in any case case amongst others is the purpose of any punishment. The Applicant before me has admitted the act by himself walking to the Police Station giving information to the Police. He could have even run away had be been of a different criminal tendency. At this stage, I am not considering its evidentiary value. The confessional statement when read would show that the Petitioner is contrite. He is a young adult offender. He clearly falls in the category of a young adult who has crossed his age of juvenility but is less than 21 years of age at the time when the offence is committed. It is widely recognised that younger the age of the offender, the lesser is its culpability. Therefore having regard to the totality of the circumstances before me at this stage, on prima facie consideration I am inclined to consider the Applicant's case. {Para 23}

24. It should also be noted that in a case where an offender is undergoing studies, his exclusion from education for a period of time is an added layer of punishment over and above what a non-student accused may be subjected to. This is because a student undergoing incarceration suffers loss of precious academic time which cannot be bartered for any wealth in the world. He also constantly witnesses his peers moving ahead in life than compared to him and when the frustration becomes insurmountable such frustration can create an emotion of rebellion, which, coupled with the exposure to criminality in prison, can easily gain traction and push him to become a hardened criminal.

25. This Court can only make an attempt and should make an attempt to positively impact the life of the Applicant before it. It is on the belief that the Applicant, having once gained the confidence of Court, would make a sincere attempt to reform and rehabilitate himself due to his academic credentials achieved in SSC and HSC exams and he studying the Management Degree Course despite heavy odds stacked against him. Considering the foregoing, I am of the opinion that the Applicant should be given a chance to make an attempt to demonstrate that he has reformed his conduct and is leading a law-abiding life with prospects of making a positive impact on society.

26. In view of the above, despite vehement objection raised by Ms. Ganapathy, learned APP to consider the facts of the case, I am inclined to grant bail to the Applicant before me in order to ensure that an opportunity is given to him complete his Management Degree studies on his release from prison in the next academic year and continue his education. If Applicant is released from jail the avenue will be open for him to continue his Management studies in the forthcoming academic year 2025-2026 and become a responsible citizen.

27. Taking an overall view as to how the incident may have transpired from the available material on record, I am prima facie of the opinion that the situation leading to the ultimate assault was a result of grave provocation because of the precursor incidents with respect to victim hurling repeated barrage of abuses not only on the Applicant but also his mother, which could not be handled by the Applicant's 20 year old adolescent mind at that stage.

28. Applicant undoubtedly may have committed the direful act as pointed by Ms. Ganapathy, learned APP but one would also have to consider the facts which unfolded resulting into the incident leading to the death of the victim. Applicant is a student of Management rather was a student of Bachelor of Management studying in Second Year and every attempt should be made by the Court by ensuring that Applicant is accorded an opportunity to continue and go back to his studies. 

 IN THE HIGH COURT OF BOMBAY

Bail Application No. 544 of 2024

Decided On: 03.02.2025

Tejas Shamsunder Shinde Vs. The State of Maharashtra

Hon'ble Judges/Coram:

Milind Narendra Jadhav, J.

 Citation: 2025:BHC-AS:5112, MANU/MH/0609/2025,2025 SCC ONLINE BOM 189

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Maharashtra's Manodhairya Scheme: Rehabilitation Support for Sexual Crime Victims Amid Controversial Recovery Provisions

 Introduction

The Manodhairya Scheme stands as Maharashtra's flagship initiative to provide comprehensive support to victims of sexual crimes and acid attacks. While designed to offer financial assistance and rehabilitation services, recent modifications have introduced controversial recovery provisions that have sparked debate among women's rights advocates and legal experts.

Genesis of the Scheme

Tragic Catalyst

The scheme emerged in response to the horrific gang rape incident at Mumbai's Shakti Mills in August 2013. Launched on October 2, 2013, by the Department of Women and Child Development (DWCD), Government of Maharashtra, it was implemented following directives from the Hon'ble Supreme Court for providing financial assistance to victims of sexual crimes.

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LLM Notes: The Interrelation Between Criminology, Criminal Law, and Penology in Indian Law

The criminal justice system in India is a complex framework that integrates criminology, criminal law, and penology to address crime effectively. These three disciplines are interdependent, each contributing uniquely to understanding, preventing, and addressing criminal behavior. Below is an exploration of their interrelation within the Indian legal context.

Criminology: The Study of Crime and Criminal Behavior

Criminology is the scientific study of crime, its causes, consequences, and prevention. It examines the psychological, sociological, and environmental factors that influence criminal behavior. In India, criminology plays a pivotal role in:

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The Influence of Criminology, Criminal Law, and Penology on the Enactment of New Criminal Laws BNS, BNSS and BSA

 The enactment of the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) marks a significant transformation in India's criminal justice system. These new laws, effective from July 1, 2024, replace the colonial-era Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), and Indian Evidence Act, respectively. Their development reflects a profound interrelation between criminology, criminal law, and penology, which has shaped these legislative reforms to address contemporary challenges in crime and justice.

Criminology's Role in Legislative Reform

Criminology provides essential insights into the nature of crime and the factors that contribute to criminal behavior. In the context of the new laws:

- Understanding Crime Trends: Criminological research has highlighted the rise of organized crime, cybercrime, and other modern offenses. The BNS specifically addresses these issues by defining organized crime comprehensively and introducing stricter penalties to deter such activities.

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Whether Denial of employment to married daughter of affected family is violative of constitutional principles?

In the matter of National Legal Services Authority v. Union
of India Manu/SC/0309/2014 : (2014) 5 SCC 438, the Supreme Court recognized that gender identity,
is an integral part of sex within the meaning of Articles 15 and
16 of the Constitution of India and no citizen can be
discriminated on the ground of gender. The Supreme Court
observed as follows:

“We, therefore, conclude that discrimination on
the basis of sexual orientation or gender identity
includes any discrimination, exclusion, restriction
or preference, which has the effect of nullifying
or transposing equality by the law or the equal
protection of laws guaranteed under our
Constitution, and hence we are inclined to give
various directions to safeguard the constitutional
rights of the members of the TG community.”
34. Thus, from the aforesaid cases it is quite vivid that marriage is
a social circumstance and basic civil right of man and woman,
and marriage by itself is not a disqualification. A daughter
remains a daughter after her marriage and does not cease to
be a daughter of her father or mother. Thus, denial of
employment, included in the rehabilitation, to married daughter
of an affected family (land oustee) is gender-biased and
unreasonable and violative of Articles 14 & 15 of the
Constitution of India as well as Article 21, as rehabilitation of a
land oustee is logical corollary of Article 21 of the Constitution
of India.
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Petition (S) No.1762 of 2014
Smt. Sadhna Bai, V State of Chhattisgarh, 
Hon'ble Shri Justice Sanjay K. Agrawal
Citation; AIR 2016(NOC)286 CHHAT

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Supreme court: Court to call report to determine whether accused can be reformed after conviction of accused for offence U/S 302 of IPC

Supreme Court: Dealing with a case relating to paedophilia, the division bench of Hon’ble KS Radhakrishnan and Vikramjit Singh, JJ held that many-a-times, while determining the sentence, the Courts take it for granted, looking into the facts of a particular case, that the accused would be a menace to the society and there is no possibility of reformation and rehabilitation. It was held that it is the duty of the Court to ascertain those factors and the State is obliged to furnish materials for and against the possibility of reformation and rehabilitation of the accused. The Court directed the criminal courts, while dealing with offences like Section 302 IPC, after conviction, to call for a report to determine, whether the accused could be reformed or rehabilitated, which depends upon the facts and circumstances of each case.
In the present case which dealt with the gruesome murder of a minor boy aged 10 years after subjecting him to carnal intercourse and then strangulating him to death, the Court was of the view that incarceration of a further period of thirty years, without remission, in addition to the sentence already undergone by the appellant, will be an adequate punishment in the facts and circumstances of the case, rather than death sentence. [Anil @ Anthony Arikswamy Joseph v. State of Maharashtra, Criminal Appeal Nos.1419-1420 of 2012, decided on February 20, 2014]

REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
Anil @ Anthony Arikswamy Joseph v. State of Maharashtra,

K. S. RADHAKRISHNAN, J.

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