Power of juvenile justice board on bail of declared juvenile
Querist :
Anonymous
(Querist) 04 March 2011
This query is : Resolved
What are the the powers of a juvenile justice board on the bail of a declared juvenile in a case of 363,366,376 I.P.C. However sec.12 of juvenile justice and care act 2000 says that the bail is the right of a juvenile if there is not any suspect that his release may brin him in to the contact of known or unknown criminals .
Querist :
Anonymous
(Querist) 04 March 2011
However high courts clearly says that under section 12 of juvenile justice and protection act 2000 , bail is the right of a juvenile and his bail can not be rejected on the ground that the offence made by him is of the serious nature and not bailable . The only ground to reject the bail of a juvenile is that his release may bring him it to the contact of known or unknown criminals.Even then the boards act just like the lower courts that they will only allow the bails of juvenile if it is in bailable sections and not serious in nature.
Querist :
Anonymous
(Querist) 04 March 2011
If the bail of Juvenile is sanction as like of a court of session where you first go to lower court knowing that your bail will get rejected and then to upper courts,then what is the mean of such boards .In my view,it is just the wastage of money.All the powers of such boards are in the hand of president who is a judicial person and the other members are not more the rubber stamp . That judicial person is the senior most magistrate like cjm or cmm but they deligate there powers to the of the court which have the minimum work . I think there is no use of such boards.It is just the wastage of money and time .
Uma parameswaran
(Expert) 05 March 2011
JJB is very necessary for the well being of the children who were exploited by persons from different stratum.Try to visit JJB and read JJ Act ,then tell your remarks.At present JB is not working in all district .But there is direction from supreme Court to constitute the board as per the Act.Section 12 is clear about the bail.
Ajay Bansal
(Expert) 05 March 2011
Agreed with Uma's abovesaid reply.
Querist :
Anonymous
(Querist) 05 March 2011
I am not agree with Uma because jjB is adopting the same way of working as by the courts .The members of the board have no value and they just work for 700-800rs per sitting . They even do not know the procedure how to declare a person juvenile . All is useless . when session will hear the bails of juvenile , then what is the benefit of sec.12 juvenile justice act ?
