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Section 17 of Juvenile Justice (Care And Protection Of Children) Act, 2000

Comment:

These section commands that no proceedings under Chapter.8 of the Code of Criminal Procedure, 1973, can be instituted against a juvenile in conflict with law, nor can any order be passed under those provisions. It may be noted that Chapter 8 of Cr. P.C relates to security for keeping the Peace and good behaviour.

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In the case of Riyaz v. State of Maharashtra, the petitioner students were wrongfully detained in police lock-up for night and were taken to Tehsil on next day. They were alleged teasing of girls of other community but the parents of girls were not coming forward to file a complaint. The Naib Tehsildar had not ascertained the age of the accused, hence the proceedings against one who was minor could not be condoned. This has resulted in unlawful incarceration of the juvenile for which the State was held vicariously liable to pay compensation.

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