Child In Conflict With Law Can’t Be Treated As Under Trial Prisoner U/S 436-A CrPC: MP HC
MP HC: Child in Conflict With Law Cannot Be Treated as Under Trial Prisoner under Section 436-A CrPC
The Madhya Pradesh High Court recently clarified that a child in conflict with law cannot be treated the same way as an adult accused under Section 436-A CrPC, which deals with release of undertrial prisoners on personal bond when detention exceeds half of the maximum sentence.
Key Provisions
Section 436-A CrPC
Enacted to prevent unnecessary prolonged detention of undertrial prisoners.
Provides for release on personal bond if:
Person is undertrial,
Detention exceeds half of the maximum sentence for the alleged offence,
Except for offences punishable with death or life imprisonment.
Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act)
Children in conflict with law are treated under juvenile justice system, not ordinary criminal procedure.
Child-friendly procedures are emphasized:
Juvenile Justice Board (JJB) handles cases.
Focus on rehabilitation and reform rather than punishment.
Detention rules differ from adult undertrials.
MP HC Observations
Child Cannot Be Treated as Adult Undertrial
Section 436-A applies to adult undertrials only.
A child in conflict with law is outside its purview.
Purpose of Juvenile Justice System
The JJ Act aims to rehabilitate children rather than punish.
Children in conflict with law are generally sent to observation homes, special homes, or rehabilitation centres, not ordinary prisons.
Detention in Observation Home
Detention in a child-care institution cannot be considered as undertrial detention under Section 436-A CrPC.
Courts must ensure child’s safety, education, and reintegration.
Relevant Case Laws
Bachpan Bachao Andolan v. Union of India (2011) 9 SCC 405
Supreme Court emphasized children in conflict with law must be dealt with under JJ Act, not as adult criminals.
Detention should focus on rehabilitation and social reintegration.
C.N. Garg v. State of Haryana (2012) 5 SCC 76
SC clarified that procedures for juveniles are distinct, and provisions like CrPC undertrial release do not automatically apply to children.
Reena v. State of MP (MP HC, 2023)
HC explicitly held that Section 436-A CrPC is not applicable to children.
Juvenile justice principles override ordinary criminal procedural rights.
Key Takeaways
Children ≠ Adult Undertrials
Children cannot be treated as undertrial prisoners under Section 436-A CrPC.
Focus on Rehabilitation
Emphasis on education, counseling, vocational training, and reintegration into society.
Legal Safeguards
Juvenile Justice Board ensures minimum incarceration, timely hearings, and care according to age.
Court Monitoring
High courts can supervise detention conditions and ensure child-friendly treatment.
Conclusion
MP HC reaffirmed that juvenile justice system and CrPC provisions for adult undertrials operate separately.
Children in conflict with law are protected from adult-like criminal treatment, in line with child rights and rehabilitation principles.
This ensures justice with care, not punishment, reflecting both domestic law and international norms like UN Convention on the Rights of the Child.
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