'Child' offender can't be jailed during inquiry to determine his age: HC
PRAYAGRAJ, Oct. 30 -- The Allahabad high court has held that under the Juvenile Justice Act 2015, an accused, who claims to be a child at time of commission of offence, cannot be sent to jail or police lockup even during an inquiry regarding determination of his age either by a court or the Juvenile Justice Board.
In doing so, the court held that a child in conflict with law or alleged to be in conflict with law cannot be lodged in jail till they attain 21 years of age. A division bench comprising Justice Salil Kumar Rai and Justice Sandeep Jain observed, "A perusal of section 10 shows that in no case can a child in conflict with law be placed in a police lock up or lodged in a jail. A person who claims himself to be a child under the Act, 2015 cannot be lodged in a jail or police lockup even during inquiry regarding his age either by the court or the board."
"In short, a child in conflict with law or alleged to be in conflict with law cannot be lodged in a jail till he attains twenty one years of age either during the inquiry regarding determination of his age or when he is found to be a child in conflict with law," the bench said. The judgment dated September 25 came to light on Tuesday.htc...
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