Case Title:- HANSRAJ vs. STATE OF U.P.
Citation:- 2025 INSC 1211
Date:- 09.10.2025
Hon’ble Supreme Court Bench :- JUSTICE DIPANKAR DATTA & JUSTICE A.G. MASIH.
The Supreme Court on Thursday (October 9) ordered the release of the murder convict under the Juvenile Justice Act, 2000, after finding he was a juvenile at the time of the commission of the offence in 1981. The Court held that the Juvenile Justice Act is retrospective in operation, and applies to offences pre-dated the enforcement of the Juvenile Justice Act, 2000.
- The Hon’ble Court clarified that any person who was below 18 years at the time of the offence should be treated as a juvenile, even if the case is raised at a later period.
- The petitioner argued that his detention went beyond the 3-year limit under Section 15(1)(g) of the Juvenile Justice Act, 2000, which violates his fundamental right to life and liberty enshrined under Article 21 of the Constitution of India The Hon’ble Court agreed, noting that he had been in custody for more than three years, which was not in accordance with the procedure established by law.
- The petitioner was initially convicted in 1984 and was acquitted by the Hon’ble Allahabad High Court in 2000. The Petitioner was reconvicted by the Hon’ble Supreme Court in 2009, and finally taken into custody again in 2022.
- The Hon’ble Supreme Court found no legal bar in the Indian Children Act, 1960 (the law applicable in 1981) that would prevent his release under the Juvenile Justice Act, 2000. Recognizing the violation of his Article 21 rights, the Honb’ble Supreme Court directed his immediate release, based on the digital copy of the judgment, without waiting for the certified copy.
- The Hon’ble Court concluded that since he was a child at the time of the offence and had already spent more than the permissible period in detention, he was entitled to immediate freedom under the Juvenile Justice framework.
