2007 CRI. L. J. 3068 ::2007 (6) ABR (NOC) 1011 (DEL) ::(2007) 4 RecCriR 311 ::(2007) 4 AllCriLR 56 ::(2007) 2 JCC 1485 (DEL)

Delhi High Court

Hon'ble Judge(s): Badar Durrez Ahmed , J

Juvenile Justice (Care and Protection of Children) Act (56 of 2000) , S.15, S.12(3)— Juvenile - Benefit of set off for period of detention - Inquiry against juvenile remained pending for five years - He remained under detention for entire period of 5 years - When Juvenile Justice Board directed to send juvenile to place of safety he was sent to jail and was kept there for 1 year and 7 months - Juvenile entitled to set off, of such period in respect of ultimate order. Criminal P.C. (2 of 1974) , S.428— The salutary provision of Section 428 was introduced by the Legislature into statute book to alleviate the problems faced by person who underwent long period as under trial prisoners. Similarly, where a juvenile in conflict with law is kept under detention pending an inquiry under the said Act, he should also be granted the same benefit while passing an order under Section 15 thereof. Though there is no statutory provision such as Section 428 of the Code which would be specifically and clearly applicable to the case of juveniles. Principles analogous to the same can be invoked by the juvenile justice Board while passing an order under Section 15. The principles analogous to those of Section 428 of the Code can be read into the expression "circumstance of the case" to enable the Board to reduce the period of stay that it may direct upon the comple....