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Section 6: Placement of persons, who committed an offence, when person was below the age of eighteen years

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

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2015
Section 5 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 7

Legal Commentary & Landmark Judgments: Section 6

Section 6 of the Act provides for the placement of persons who committed an offense when below eighteen years of age but were apprehended or brought before authorities after attaining the age of eighteen, guaranteeing full juvenile justice protections.

  • Jurisdictional Shield for Belatedly Apprehended Youths: Provides that any person who committed an offense while below eighteen years and is apprehended after attaining eighteen shall be dealt with under this Act as if they were still a child.
  • Placement in a Place of Safety: Directs that if bail is refused, the person shall be housed in a 'Place of Safety' rather than an adult prison or ordinary judicial lockup.
  • Preservation of Rehabilitation & Disqualification Relief: Protects the individual from criminal conviction disqualifications under Section 24, ensuring adult employment prospects remain unharmed.
Key Landmark Precedents:
  • Hari Ram v. State of Rajasthan (2009) 13 SCC 211: Supreme Court affirmed that the beneficial umbrella of juvenile law extends fully to youths arrested years after the offense, anchoring immunity to their age at the time of the incident.
  • Rishipal Singh Solanki v. State of U.P. (2022) 8 SCC 602: Supreme Court held that even if an accused is apprehended decades after the incident, establishing that they were a juvenile on the incident date requires referral to the Board.
  • Barun Chandra Thakur v. Master Bholu (2022) SCC OnLine SC 870: Supreme Court emphasized that statutory procedures governing older juveniles must strictly preserve psychological and developmental safeguards.
Courtroom Practice & Strategic Litigation Guidance:

When representing an adult arrested for an offense committed years earlier while a minor, file an immediate juvenility application under Section 94 read with Section 6, producing high school matriculation records to obtain immediate transfer from adult prison to a Place of Safety.

Section 5 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 7