The case has brought the spotlight on a key provision of the law: bail is the rule, rather than the exception, for children in conflict with law, irrespective of the seriousness of the alleged offence.
The Juvenile Justice Board (JJB) in Haryana’s Panchkula granted bail to the eight-year-old boy accused of brutally assaulting a six-year-old girl inside their school, triggering widespread outrage and questions over the country’s juvenile justice system.
While the decision has drawn criticism, it is rooted in the Juvenile Justice (Care and Protection of Children) Act, 2015, which prioritises the rehabilitation and reform of children over punitive action.
The case has brought the spotlight on a key provision of the law: bail is the rule, rather than the exception, for children in conflict with law, irrespective of the seriousness of the alleged offence.
WHY BAIL IS THE NORM
Under the Juvenile Justice Act, anyone below the age of 18 who is alleged to have committed an offence is treated as a ‘child in conflict with law’.
Such cases are handled by a Juvenile Justice Board rather than an ordinary criminal court.
Section 12 of the Act provides that a child apprehended for an alleged offence must ordinarily be released on bail, with or without surety, or placed under the supervision of a probation officer or a suitable person.
However, the Board can deny bail if there are reasonable grounds to believe that the child’s release could bring them into association with known criminals, expose them to moral, physical or psychological danger, or defeat the ends of justice.
The decision must be based on the circumstances of the individual case.
The law is guided by the understanding that children are still developing mentally and emotionally and have a greater potential for reform.
Its objective is to ensure accountability while protecting minors from the long-term consequences of being pushed into the adult criminal justice system.
Explaining the legal framework, advocate Anant Asthana told India Today that the Juvenile Justice Act is “committed to adjudicating accountability and then reforming and drifting children away from delinquency.”
He further explained that while criminal law provides absolute immunity to children below seven and qualified immunity to those between seven and 12, the JJ Act ensures that every child is entitled to reformation and rehabilitation.
Asthana said an 8-year-old would receive all due care, protection, reformation and rehabilitation through the Juvenile Justice Board and the District Child Protection Unit.
WHY THE PANCHKULA BOARD GRANTED BAIL
The bail application was filed by the boy’s father before the Board on November 4.
The family submitted that the child, aged eight years and eight months, had cooperated with the investigation and had no previous criminal record.
The application argued that continued custody could adversely affect his education, academic progress and overall development.
It also maintained that custodial interrogation was unnecessary and would serve no useful purpose.
The parents undertook to ensure that the child received counselling, behavioural guidance and rehabilitation measures as advised by the competent authorities.
