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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 was released only after serving a life sentence(14 years). What can be done in this matter now? Any remedy? Compensation?
Answers (5)

Answer #1
568 votes
once the punishment has been served as declared then there is no remedy. Please ask the boy to enjoy his life after this and get hold of his life...However even if there was a murder case the boy was juvenile at the time of filing of the case and he cannot be punished under IPC. so it is a question which should have been asked in 1994 itself
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Answer #2
996 votes
Didn't you file the Suspension of sentence and if a 16 yr boy is convicted then his conviction must have been as per the norms of Juvenile justice act. If the boy has suffered 14 yrs in jail as a undertrial or as per sentence, this is unwarranted considering the age of the child. you can definitely seek compensation from the state.
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Advocate Yuganshu Sharma

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Answer #3
925 votes
I have read your query regarding your case and there are lots of judgments regarding your case and you can show me your judgement regarding your case and and judgement also whenever you free call me back
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Advocate Gourav Sharma

Adv. Gourav Sharma

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Answer #4
933 votes
A writ petition under Article 32 or Article 226 of the Constitution of India could be filed to seek compensation for wrongful incarceration or violation of rights. The petition could argue that the state failed to apply relevant legal protections or guidelines, leading to unnecessary imprisonment. The individual may be entitled to compensation for wrongful detention if it can be shown that they were unlawfully kept in custody despite being eligible for release. Courts have, in some cases, awarded compensation for violations of fundamental rights under Article 21 (right to life and personal liberty).
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Advocate Rupal Dwivedi

Adv. Rupal Dwivedi

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Answer #5
875 votes
These are clear violations of juvenile justice principles, juvenile justice act 2020 is give retrospective benefits and there are several rulings for the same. Legal remedies includes : 1) writ petition for Compensation (Article 32 or 226) 2)compensation through national human rights commissions ( several cases where compensation has been granted in cases of illegal detention and excessive punishment) 3) civil suit for damages can also be filed for mental agony , loss of liberty , unlawful detention.
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Advocate Meghaa Wadera

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