Juvenile Justice (Care and Protection of Children) Act, 2015
Section 3—Responsibility of biological family of Child in Conflict with Law (CIL)—It is the primary responsibility of the biological family of a CIL to nurture, look after and take care of the CIL.
[Para 7]
Section 12—Denial of bail to Child in Conflict with Law (CIL)—Revision—According to FIR, the CIL enticed the victim, a young girl of 16 years of age and did galat kaam with her—A child is always entitled to bail irrespective of the offence being bailable or non-bailable—Only rider is given under Section 12(1) proviso of the Juvenile Justice (Care and Protection of Children) Act, according to which, a CIL may not be released on bail, if there appears reasonable grounds for believing that his release may likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or his release would defeat the ends of justice—CIL has a family to look after and has no criminal antecedents—It is a case which does not attracts the proviso to Section 12(1) of the Act—Best interest of the CIL could be served, if the CIL is given in the custody of his father—Impugned judgments and orders are set aside—Revision allowed.
[Paras 6 to 10]