In Re Exploitation Of Children In Orphanages In The State Of Tamil Nadu v. UOI, Writ Petition(s)(Criminal) No(s).102/2007

Court:  Supreme Court of India

Issue: Whether a child in conflict with Law be kept in Jail or Police Lockup under any circumstances?


A child in conflict with Law cannot be kept in Jail or Police Lockup under any circumstances and has to be kept in an observation home or place of safety.

All JJBs in the country must follow the letter and spirit of the provisions of the Act. We make it clear that the JJBs are not meant to be silent spectators and pass orders only when a matter comes before them. They can take note of the factual situation if it comes to the knowledge of the JJBs that a child has been detailed in prison or police lock up. It is the duty of the JJBs to ensure that the child is immediately granted bail or sent to an observation home                                                                               

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