Court emphasizes the protection of child rights under the Juvenile Justice Act, 2015, setting aside detention based on juvenile offences.
In a significant ruling, the Karnataka High Court has set aside the preventive detention order against Abicyrill @ Abhi, a 19-year-old, who was detained under the provisions of the Karnataka Prevention of Dangerous Activities of Bootleggers, Drug-Offenders, Gamblers, Goondas, Immoral Traffic Offenders, Slum Grabbers, and Video or Audio Pirates Act, 1985. The court held that the detention order was vitiated as it relied on offences committed by the detenue when he was below the age of 18 years, contravening the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015.
The judgment delivered by Justice Anu Sivaraman and Justice Tara Vitasta Ganju highlighted the legislative intention behind the Juvenile Justice Act to protect the rights of children and prevent disqualification for offences committed as juveniles. The court opined that Section 24 of the Juvenile Justice Act prevents disqualification based on offences committed under the age of 18 unless tried as an adult for heinous offences under Section 19.
The case was brought before the court through a Writ Petition (Habeas Corpus) filed by Smt. Marry Usha, challenging the detention order dated December 11, 2025, and subsequent orders of approval and confirmation. The petitioner argued that many of the offences considered for the detention were committed when the detenue was a juvenile, which should not warrant preventive detention under the Juvenile Justice Act.
The State defended the detention order citing the detenue's habitual involvement in serious criminal activities, including murder, attempt to murder, assault, and obstruction of public servants. However, the court found that several offences relied upon for detention occurred when the detenue was below 18 years of age. The court stressed that only in cases where juveniles are tried as adults for heinous offences can such records be considered for preventive detention.
In its ruling, the court underscored the importance of Section 24 of the Juvenile Justice Act, which seeks to remove disqualification attached to offences committed by a child. The intention is to ensure that children do not suffer long-term consequences for offences committed before attaining adulthood unless specifically tried as adults for severe crimes. The court concluded that the detention order was unsustainable as it violated statutory protections afforded to juveniles.
The decision mandates the immediate release of Abicyrill @ Abhi unless his detention is required in other pending cases. The judgment reaffirms the juvenile justice system's commitment to rehabilitation and protection of child rights, aligning with international conventions on child rights.
Bottom line:-
Juvenile Justice Act, 2015 - Detention based on offences committed as a juvenile cannot be sustained - Section 24 of the Juvenile Justice Act prevents disqualification for offences committed under the age of 18 unless tried as an adult for heinous offences under Section 19.
Statutory provision(s): Juvenile Justice (Care and Protection of Children) Act, 2015 Sections 24 and 19, Constitution of India Article 15(3)
Smt. Marry Usha v. State of Karnataka, (Karnataka)(DB) : Law Finder Doc id # 2892854
