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Supreme Court Emphasizes Rehabilitation Over Retribution, Grants Bail to Juvenile in Consensual Relationship Case: “Minors Should Not Be Detained in Absence of Serious Threat to Society”

Supreme Court Emphasizes Rehabilitation Over Retribution, Grants Bail to Juvenile in Consensual Relationship Case: "Minors Should Not Be Detained in Absence of Serious Threat to Society"

Supreme Court Emphasizes Rehabilitation Over Retribution, Grants Bail to Juvenile in Consensual Relationship Case: "Minors Should Not Be Detained in Absence of Serious Threat to Society"

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Court’s Decision:

The Supreme Court allowed the appeal and granted bail to the appellant, a minor, charged under Sections 363, 366, and 376 of the Indian Penal Code (IPC) and Sections 3/4 of the Protection of Children from Sexual Offences (POCSO) Act. The Court observed that considering the circumstances and the nature of the allegations, the appellant’s continued detention was not warranted.

Facts:

Issues:

  1. Whether a juvenile involved in a consensual relationship with another minor should be granted bail considering the nature of the allegations.
  2. Whether the provisions of the POCSO Act could be invoked in such a case.

Petitioner’s Arguments:

Respondent’s Arguments:

Analysis of the Law:

Precedent Analysis:

Court’s Reasoning:

Conclusion:

Implications:

Also Read – Patna High Court Reiterates That Judicial Orders of Civil Courts Are Not Amenable to Writ Jurisdiction Under Article 226 of the Constitution

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