Supreme Court Orders Immediate Release of Juvenile Convict in 1981 Murder Case; Upholds Right under Juvenile Justice Act.

Headnote:

The Supreme Court, exercising its powers under Article 32, directed the immediate release of a murder convict who was found to be a juvenile aged 12 years and 5 months at the time of the offence committed in 1981. The Court held that the petitioner, Hansraj, had already undergone incarceration exceeding three years — the maximum permissible under the Juvenile Justice (Care and Protection of Children) Act, 2000. Relying on Pratap Singh v. State of Jharkhand, Dharambir v. State (NCT of Delhi), and Vinod Katara v. State of U.P., the Bench ruled that the benefit of juvenility may be raised at any stage, even post-conviction, and directed his immediate release as continued detention violated Article 21 of the Constitution.

Background:

• The petitioner, Hansraj, was convicted for murder under Sections 302/149, 147 and 148 IPC by the Additional Sessions Judge, Sultanpur, in S.T. No. 8 of 1983.

• The incident occurred on 2 November 1981, when Hansraj, aged 12 years and 5 months, allegedly participated in an attack resulting in one death.

• The Sessions Court (1984) noted his minority and ordered his detention in a children’s home under the Children’s Act, 1960, instead of imprisonment.

• The Allahabad High Court (Lucknow Bench) acquitted all accused in 2000, but the Supreme Court in Criminal Appeal No. 276 of 2002 reversed the acquittal in 2009, restoring the conviction and the original order regarding Hansraj.

• Hansraj absconded and was re-arrested only on 19 May 2022.

• By 2025, he had spent over 3 years and 10 months in custody, prompting this writ petition under Article 32 seeking release as a juvenile under Section 7-A of the Juvenile Justice (Care and Protection of Children) Act, 2000.

Petitioner’s Contentions:

• The petitioner was a juvenile on the date of offence, and Section 7-A of the JJ Act, 2000 allows raising a claim of juvenility at any stage.

• Detention beyond three years violates Section 15(1)(g) of the Act and constitutes illegal confinement, infringing Article 21.

• Cited precedents: Pratap Singh v. State of Jharkhand (2005), Satya Deo v. State of U.P. (2020), Vinod Katara v. State of U.P. (2023).

Respondent’s Submissions:

• The incident occurred in 1981, prior to the JJ Act, 2000, hence the Children’s Act, 1960 applied.

• The petitioner was convicted of murder, a heinous offence, and absconded for years after his conviction was reinstated in 2009.

• Cited Shilpa Mittal v. State (NCT of Delhi) to argue that murder, being punishable with life imprisonment, should be treated as a heinous offence.

Court’s Observations & Findings:

• The Bench confirmed that Hansraj was 12 years 5 months old at the time of the crime — an undisputed fact also noted in the 2009 judgment.

• The conviction was based on Section 149 IPC (common object liability) with no specific act attributed to him.

• The Court held that, even though the incident predated the JJ Act, 2000, the beneficial provisions of Section 7-A and judicial precedents in Pratap Singh, Lakhan Lal, and Dharambir allowed the application of juvenile protection retrospectively.

• It found that detention beyond three years violated Article 21 and Section 15(1)(g) of the JJ Act, 2000.

• The Court noted that no inquiry under Section 24 of the 1960 Act (prohibiting joint trial of a child with adults) had been followed.

• The Bench reaffirmed that a claim of juvenility may be raised at any stage, even after final disposal, and once established, the accused is entitled to release.

Decision:

• The writ petition was allowed.

• The Court directed immediate release of Hansraj, observing that his continued detention was illegal and violative of Article 21.

• The Senior Superintendent, Central Jail, Varanasi was instructed to act on a downloaded copy of the judgment without insisting on a certified copy.

Legal Provisions Discussed:

• Constitution of India: Article 21, Article 32

• Indian Penal Code, 1860: Sections 147, 148, 149, 302

• Code of Criminal Procedure, 1973: Section 374(2)

• Juvenile Justice (Care and Protection of Children) Act, 2000: Sections 7-A, 15(1)(g), 20

• Children’s Act, 1960: Sections 24, 26

Case Details:

• Case Title: Hansraj v. State of Uttar Pradesh

• Citation: 2025 INSC 1211

• Court: Supreme Court of India

• Coram: Hon’ble Mr. Justice Dipankar Datta & Hon’ble Mr. Justice Augustine George Masih

• Jurisdiction: Criminal Original Jurisdiction

• Case No.: Writ Petition (Criminal) No. 340 of 2025

• Result: Writ Petition Allowed; Immediate Release Ordered