About US | Contact Us
SC refuses to stay CBI probe against cops for firing during anti-Sterlite protests..
Farmers are being looted: Pawar on low onion prices..
SC dismisses PIL against FM Arun Jaitley..
Screening of Kedarnath banned in 7 districts of Uttarakhand..
UN launches new framework to strengthen fight against terrorism..
Shaw injury woes for India on day 3 of tour game..
'Daredevil' cancelled by Netflix ..
IOB plans to raise up to Rs 300 cr bonds..
Farmers begin march towards Parliament from Ramlila Maidan; 3,500 cops deployed..
NPAs are results of previous Cong-led govt's misdeeds: Shah..
G20: PM Modi meets Saudi Crown Prince Mohammed bin Salman..
Sara Ali Khan is going to make a big impact, says Soha..
Sumanta Chaudhuri takes charge as coal secretary..
LeT terrorist involved in Shujaat Bukhari's assassination killed in J-K..
 
Opinion Poll

Loading...

 
'Juveniles can't be arrested, need not seek anticipatory bail'

The Madras High Court has ruled that a juvenile accused of committing a crime cannot be arrested and this legal position obviates the need for them to seek anticipatory bail.

The ruling was given by a division bench of justices S Nagamuthu and Anita Sumanth, which had been tasked by the then Chief Justice Sanjay Kishan Kaul to determine if a plea by "a juvenile in conflict with law" seeking anticipatory bail was maintainable.

Writing the judgment for the bench, Justice Nagamuthu said a study of the Juvenile Justice Act makes it clear that no police officer has been empowered to arrest "a child in conflict with the law" but only to "apprehend" him or her.

Making it clear that there cannot be fear of arrest in the case of a juvenile, the judge said, accordingly, a plea seeking anticipatory bail at the instance of the child in conflict with the law was not maintainable either before the high court or the sessions court, the judge said.

"Had it been the intention of the legislature that a police officer should be empowered to arrest a child in conflict with the law, it would have used the expression 'arrest' instead of 'apprehend' in the Juvenile Justice Act." 

The legislature has empowered the police only to apprehend the child in conflict with the law and produce him or her before the Juvenile Justice Board.

Source- PTI

 
 
           
 
Copyright © 2016. nwztoday, Bhubaneswar, Odisha. All rights reserved.   Powered by: nwztoday