Supreme Court Orders Release of Man Convicted as Juvenile in 1981 Murder

The Supreme Court ordered the release of a man convicted of a 1981 murder committed when he was 12, applying the Juvenile Justice (Care and Protection of Children) Act, 2000 retrospectively.

A Division Bench of Justices Dipankar Datta and Augustine George Masih held that Section 7-A of the JJ Act, 2000, allows juvenility claims at any stage, even after final disposal, and the 2000 Act extends to offences under the repealed Children’s Act, 1960. 

The Court noted he spent over three years in unlawful custody, violating Article 21, and that his trial breached safeguards under Section 24 of the 1960 Act, directing his immediate release.

[Hansraj v State of Uttar Pradesh]