Code
Section 12. Bail to a person who is apparently a child alleged to be in conflict with law
(1) When any person, who is apparently a child and is alleged to have committed a bailable or non-bailable offence, is apprehended or detained by the police or appears or is brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person:
Provided that such person shall not be so released if there appear reasonable grounds for believing that the release is likely to:
• bring that person into association with any known criminal, or
• expose the said person to moral, physical or psychological danger, or
• the release would defeat the ends of justice,
and the Board shall record the reasons for denying the bail and circumstances that led to such a decision.
(2) When such person having been apprehended is not released on bail under sub-section (1) by the officer-in-charge of the police station, such officer shall cause the person to be kept only in an observation home or a place of safety, as the case may be, in such manner as may be prescribed until the person can be brought before a Board.
(3) When such person is not released on bail under sub-section (1) by the Board, it shall make an order sending him to an observation home or a place of safety, as the case may be, for such period during the pendency of the inquiry regarding the person, as may be specified in the order.
(4) When a child in conflict with law is unable to fulfil the conditions of bail order within seven days of the bail order, such child shall be produced before the Board for modification of the conditions of bail.
Explanation
Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 ensures that children in conflict with law are treated with compassion and protection. The provision mandates bail as the rule, and detention as the exception—only permissible under specific conditions meant to safeguard the child and justice.
Illustration
Example 1:
A 16-year-old boy is arrested for theft (a non-bailable offence). As per Section 12, he must be granted bail unless the Juvenile Justice Board believes that releasing him could lead to harm or would obstruct justice.
Example 2:
If the boy cannot arrange the surety required for bail within 7 days, he must be brought before the Board for reconsideration. The Board may then ease the bail terms to enable his release.
Common Questions & Answers
Q1: Can a juvenile be kept in a regular jail if not granted bail?
A: No. The child must be kept in an observation home or place of safety, not in a jail.
Q2: What if the offence committed is serious like murder or rape?
A: Even in serious offences, bail is the rule unless the Board finds specific reasons to deny it, such as danger to the child or society, or risk to the judicial process.
Q3: Is the bail process the same under CrPC?
A: No. Section 12 overrides the CrPC provisions, giving priority to child protection.
Q4: What is an observation home?
A: An observation home is a designated facility under the JJ Act where children in conflict with law are temporarily held during inquiry or trial.
Conclusion
Section 12 embodies the spirit of juvenile justice by ensuring that every child, irrespective of the offence alleged, is given a fair and compassionate chance at release. The law prioritizes rehabilitation and protection over punishment, reflecting the understanding that children require care, guidance, and opportunity—not incarceration. By mandating bail as a default and only allowing exceptions under strict conditions, this provision promotes the welfare of the child while balancing societal interests and judicial integrity.
