HC questions timeframe for petty offence trials of juveniles under Juvenile Justice Act

The Punjab and Haryana High Court has issued notice of motion on a petition questioning the validity and workability of the timeframe fixed for completing proceedings in petty offences against juveniles under the Juvenile Justice (Care and Protection of Children) Act, 2015.

The petitioner has assailed Section 14 of the Act, which mandates that proceedings in such cases must be concluded within four months, extendable only by another two months. The argument put forth is that once this six-month limit expires, the juvenile, even if found guilty, cannot be proceeded against further.

Appearing before the bench of Justice Harsimran Singh Sethi and Justice Vikas Suri, advocates Ashutosh Gupta and Mahir Sood on the petitioner’s behalf submitted that the statutory framework was self-defeating. They contended that the procedure prescribed for completing the inquiry itself made it virtually impossible to conclude proceedings within the stipulated period.

It was further submitted that such a scheme not only hampered the functioning of the legal system but also resulted in grave prejudice to the aggrieved party, as the complaint or grievance effectively stood extinguished with the lapse of time. According to the petitioner, the provision, in its present form, risked creating a situation where juveniles guilty of committing petty offences escaped accountability altogether, eroding faith in the justice delivery system.

After hearing counsel for the petitioner, the bench issued notice of motion to the Union of India for October 1.