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Many underage convicts were released one was not. Remedy?


21-Oct-2024 (In Criminal Law)
A 16 year old boy was convicted of murder in 1994. After the Hon'ble Supreme Court order, many underage convicts of murder were released by the state government and that 16 year old was not. He went on to serve a life sentence(14 years). What can be done in this matter now? Any remedy?
Answers (3)

Answer #1
650 votes
In such scenario we can prefer a regular bail application before the. Ld. Trial Court for seeking bail in the matter on the ground of parity that many other underage convicts were released by the Court.
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Answer #2
908 votes
There are several judgments that says that a Juvenile cannot be judged as an adult even in murder cases, hence, the sentence is to be reduced. But he has already served 14 years and not yet released. In the present scenario, we can approach the court stating provisions under Juvenile Justice Act praying for his release on the basis of he being a minor at the time of commission of the crime. I can assist with that, so you can get in touch with me to take it further.
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Answer #3
689 votes
If a 16-year-old boy was convicted for murder in 1994 and did not benefit from subsequent Supreme Court orders regarding the release of underage convicts, several legal options can still be explored to seek his release or remedy the situation: 1. Juvenile Justice (Care and Protection of Children) Act, 2015: 2. Review Petition or Curative Petition in the Supreme Court: • If the review petition is not successful or has already been exhausted, a curative petition can be filed as a last legal remedy, arguing that the previous decision caused injustice due to the legal misinterpretation of juvenile laws. 3. Writ Petition in the High Court: 4. Clemency or Mercy Petition: 5. National or State Human Rights Commission: 6. Rehabilitation and Reform Petition: Legal action should focus on the fact that he was a minor at the time of the crime and that the application of the Juvenile Justice laws, which evolved after his conviction, would provide him with relief. Immediate legal consultation and action are required to explore these remedies.
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