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Section 102: Revision

Juvenile Justice (Care and Protection of Children) Act, 2015 • Official Statutory Text & Practice Guide

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Act 2015
Section 101 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 103

Legal Commentary & Landmark Judgments: Section 102

Section 102 of the Juvenile Justice Act, 2015 vests the High Court with expansive supervisory revisional jurisdiction over orders passed by the Committee, the Board, or the Children's Court.

  • Statutory Relief & Application: The section provides that the High Court may, at any time, either on its own motion or on an application received in this behalf, call for.
  • Core Legal Standard: Examine the record of any proceeding in which any Committee or Board or Children's Court, or Court of Session has passed an order, for the purpose of satisfying itself as to the legality or propriety of any such order, and may pass such order in relation thereto as it thinks fit.

Section 102 vests the High Court with supervisory revisional oversight, ensuring that all juvenile proceedings adhere strictly to statutory welfare standards.

The proviso commands that the High Court shall not pass an order prejudicial to any person without giving them a reasonable opportunity of being heard. This revisional oversight is broader than conventional criminal revision under Section 397/401 CrPC, enabling the High Court to intervene at any stage to rectify jurisdictional errors, procedural injustices, or violations of Section 3 general principles.

Key Landmark Precedents:
  • Hari Ram v. State of Rajasthan, (2009) 13 SCC 211: The Supreme Court affirmed that the revisional powers of the High Court under juvenile justice legislation are wide and supervisory, empowering the court to correct errors regarding juvenility at any stage to prevent wrongful adult incarceration.
  • Gopinath Ghosh v. State of West Bengal, 1984 Supp SCC 228: The Supreme Court highlighted that the High Court possesses an affirmative duty under revision to examine claims of juvenility even where such claims were not properly raised or argued before subordinate trial courts.
Legal Commentary:

Section 102 acts as the ultimate constitutional safety valve under the Juvenile Justice Act. The High Court's suo motu revisional power allows it to strike down illegal detentions, enforce statutory bail mandates under Section 12, quash irregular adult transfers under Section 15, and ensure subordinate boards adhere strictly to child-friendly legal norms.

Section 101 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 103