Section 12 of The Juvenile Justice (Care and Protection of Children) Act, 2015.
- (1)When any person, who is apparently a child and is alleged to have committed a abailable or non-bailable offence, is apprehended or detained by the police or appears or brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person: Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the persons release would defeat the ends of justice, and the Board shall record the reasons for denying the bail and circumstances that led to such a decision.
- (2)When such person having been apprehended is not released on bail under sub-section (1) by the officer-in-charge of the police station, such officer shall cause the person to be kept only in an observation home 1[or a place of safety, as the case may be] in such manner as may be prescribed until the person can be brought before a Board.
- (3)When such person is not released on bail under sub-section (1) by the Board, it shall make an order sending him to an observation home or a place of safety, as the case may be, for such period during the pendency of the inquiry regarding the person, as may be specified in the order.
- (4)When a child in conflict with law is unable to fulfil the conditions of bail order within seven days of the bail order, such child shall be produced before the Board for modification of the conditions of bail.
Summary
- This section says that bail is the default rule for any person who appears to be a child, regardless of the crime.
- A child must be released on bail with or without a surety, which is a person who guarantees the child will show up.
- The only reasons to deny bail are if the child might meet known criminals, face moral danger, or if release would stop justice from being served.
- If the Board refuses bail, they must write down the exact reasons and the child must be kept in an observation home or a place of safety.
- If a child cannot meet the bail conditions within seven days, the Board must bring them back to simplify those conditions.
Practical examples
FAQ
1. Can a child get bail for a very serious crime under Section 12 of the Juvenile Justice Act?
Yes, Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, states that a child should be granted bail even for serious crimes unless specific dangers like meeting known criminals exist.
2. Where is a child kept if bail is refused under the Juvenile Justice Act?
According to Section 12 of the Juvenile Justice Act, a child denied bail must be kept in an observation home or a place of safety, but never in a regular jail or police lockup.
3. What happens if a child cannot pay the bail amount under Section 12?
Under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, if a child cannot fulfil bail conditions within seven days, the Board must review and modify the conditions to make them easier.
Test yourself
Q1.Under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, what is the primary rule when a child is brought before the Board?
Q2.When can the Board refuse bail to a child under Section 12 of the Juvenile Justice Act?
Q3.Under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, how many days can pass before a child must be brought back if they cannot meet bail conditions?
Q4.If the Board refuses bail under Section 12 of the Juvenile Justice Act, what must they do?