Allahabad High Court Rules Juvenile Cannot Be Held In Jail Beyond 21 Years Of Age

The Allahabad High Court has ruled that a child accused of a crime cannot be kept in jail until he turns 21, reinforcing the provisions of the Juvenile Justice (Care and Protection of Children) Act.

The bench of Justice Salil Kumar Rai and Justice Sandeep Jain issued the order while partially allowing a habeas corpus petition filed on behalf of Pawan Kumar.

The judges noted that although the petitioner did not claim juvenility when the magistrate produced them after the arrest, the petitioner later raised the plea at the trial stage.

The court held that a judicial order does not make pre-trial custody illegal; however, Section 9(4) of the Act makes it unlawful to detain an accused in jail after a claim of juvenility, and authorities must place the accused in an observation or protection home.

Court Rejects Bail Argument

The bench also rejected the argument that a juvenile detainee should apply for bail. It observed that when a criminal court cannot try a juvenile, the question of bail does not arise.

The court directed the Superintendent of Naini Jail, Prayagraj, to release the petitioner immediately and ordered the Police Commissioner to produce him before the trial court.

The trial court must determine his age at the time of the alleged offence under Section 9(2) of the Act and keep him in protective custody until the assessment is complete.

The Juvenile Justice Board will decide whether the accused was below or above 16 years of age at the time of the offence once the High Court determines the age and forwards the case.

This case stems from a 2017 FIR registered at Tharwai police station in Prayagraj accusing Pawan Kumar, his elder brother and mother of murder. Despite a May 2025 order declaring him a juvenile, he remained in jail, prompting a social worker to file the habeas corpus petition.

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