Supreme Court Reviews Its Order, Reiterates Juvenile Justice Rules, 2007 Are Relevant Rules For Considering Question Of Juvenility
The Supreme Court revisited its 2019 judgment concerning the determination of juvenility, specifically addressing the relevant rules to be applied. In the previous judgment, the Court had stated that the Juvenile Justice (Care and Protection of Children) Rules, 2001 should be considered.
However, upon review, the Division Bench acknowledged a manifest error and corrected it, emphasizing that the Juvenile Justice (Care and Protection of Children) Rules, 2007 should be applied instead.
The case involved an appellant accused of murder who claimed juvenility at the time of the offence. The appellant referred to Rule 12 of the 2007 Rules, seeking preference for the date of birth certificate from the school over the birth certificate provided by the Corporation.
However, the Supreme Court noted that the 2007 Rules were not applicable to the offence, which occurred in 2000 when these Rules were not enforced. Instead, the Court emphasized that the relevant rules for determining juvenility are the Juvenile Justice (Care and Protection of Children) Rules, 2001.
The Court cited precedent cases, such as Murti vs. State of Karnataka and Hari Ram v. State of Rajasthan and Anr., to support its decision. It highlighted that the Act of 2000 and the Rules of 2007 were applicable in considering the question of juvenility and that the benefit of increasing the age of juvenility to 18 years would apply retrospectively.
Consequently, the Court corrected its previous judgment to reflect that the Juvenile Justice Rules of 2007 should be considered when determining the question of juvenility.
This review decision aims to ensure the correct application of the law and prevent any injustice caused by erroneous judgments.
Review Petition (Crl.) Nos. of 2024
(Dy. No. 38282/2019)
IN
Criminal Appeal Nos. 283-285 of 2019
GAURAV KUMAR @ MONU Petitioner(s)
VERSUS
THE STATE OF HARYANA Respondent(s)
Download Judgment 3828220192024-01-29-529045
AAP Leader Satyendar Jain Prima Facie Guilty of Money Laundering, Denied Bail: Supreme Court
