A. v. Sub Inspector of Police
In the High Court of Kerala
B.A. 7027/2018
Before Justice Raja Vijayaraghavan V.
Decided on October 30, 2018

Relevancy of the Case: Bail application filed by a child in conflict with the law in a case involving rape of a minor victim, recording of the act, and sharing of videos on social media

Statutes and Provisions Involved

• The Information Technology Act, 2000 (Section 67B)
• The Indian Penal Code, 1860 (Section 376(1))
• The Protection of Children from Sexual Offences Act, 2012 (Section 5(1))
• The Juvenile Justice (Care and Protection of Children) Act, 2015 (Section 12, 13)

Relevant Facts of the Case

• The applicant is a child in conflict with the law. He is the accused number two in Crime 558/2018 at the Aloor Police Station.
• The first accused started chatting with the victim (a minor female) on Facebook. He trespassed into her residential home and subjected her to penetrative sexual assault. He repeated this twice after the first incident.
• The FIR states that the applicant’s mobile phone was used to record these acts. Subsequently, he shared the videos through social media platforms.

Prominent Arguments by the Advocates

• The applicant’s counsel submitted that the first accused is his neighbour. He had taken the applicant’s mobile phone for installing some apps and returned it after two days. The counsel further submitted that the applicant has suffered from a seizure disorder since age 10.
• The public prosecutor opposed the bail application. He submitted that the applicant can approach the Juvenile Justice Board (JJB) and seek regular bail.

Opinion of the Bench

• Sections 12 and 13 of the Juvenile Justice (Care and Protection of Children) Act, 2015, empower the Juvenile Justice Board to consider bail applications filed by children in conflict with the law.

Final Decision

• The court dismissed the bail application and directed the applicant to appear before the Juvenile Justice Board.