A juvenile can be denied bail only on three grounds recorded in writing: Supreme Court

In Re-Exploitation of Children in Orphanages in the State of Tamil Nadu vs. Union of Indian & Ors. as reported in (2020) 14 SCC 327, the Supreme Court has held that bail to a juvenile can be denied only on three grounds as provided in the Proviso to Section 12(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015. The relevant part of the judgment reads as follows: "7. Sub-section (1) makes it absolutely clear that a child alleged to be in conflict with law should 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. The only embargo created is that in case the release of the child is likely to bring him into association with known criminals or expose the child to moral, physical or psychological danger or where the release of the child would defeat the ends of justice, then bail can be denied for reasons to be recorded in writing. Even if bail is not granted, the child cannot be kept in jail or police lock-up and has to be kept in an observation home or place of safety."

The ends of justice in the context of any Act is ascertained on the basis of the purpose and object of that Act and the objective of the J.J. Act is to reform and rehabilitate the juveniles and not to punish them, as emerges from the preamble to the J.J. Act, which reads: “An Act to consolidate and amend the law relating to children alleged and found to be in conflict with law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social reintegration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided, and institutions and bodies established, hereinunder and for matters connected therewith or incidental thereto.”

Section 12 of the J.J. Act is equally applicable to all juveniles in conflict with law without any discrimination of any nature. Even a juvenile, aged between 16 to 18 years and being accused of heinous offence and being tried by Children Court, is entitled to get bail under Section 12 of the J.J. Act. The nature and seriousness of the alleged offence is not relevant for consideration of bail under Section 12 of the J.J. Act. “The ends of justice” as used in the proviso to Section 12(1) of the J.J. Act is drastically different to one as used in general criminal jurisprudence. If the detention of the juvenile at Observation Home or other institutions as contemplated under the J.J. Act is helpful in protection, development and rehabilitation of the juvenile, only then it can be said that release of the child would defeat the ends of justice. The family of the child in conflict with law is the best and first desirable institution to achieve the object of the J.J.Act. Institutionalization of a juvenile in conflict with law is the last resort and every child in conflict with law has right to be reunited with his family at the earliest. Under Section 12 of the J.J. Act, 2015, bail to a juvenile is a rule and the refusal of the same is an exception and it can be denied only on the grounds as provided in the proviso to Section 12(1) of the J.J. Act, 2015. 26(6). The denial of bail must be reasoned and the grounds of denial must be based on relevant facts and circumstances, as emerging from the material on record. The Social Investigation Report (SIR) is one of the most significant such material. The perusal of SIR report is mandatory as per Section 15 (2) of the J.J. Act, 2015. The Board/Court is required to know not only about the offence committed by the juvenile but even about the socio-economic conditions/circumstances under which the offence was committed, in order to ensure that appropriate order in regard to the juvenile in conflict with law could be passed with intent to reform and rehabilitate the juvenile and reintegrate him with the mainstream of the society. All resources have to be mobilised including those of the family and the community for reforming and rehabilitating the juvenile in conflict with law to make him productive member of the society.