One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Around 7-8 years ago in City A, Mr.X approached my client Mr.Y’s family for help. Mr.X, who was a minor at that time, claimed that a girl (also a minor) had informed him about her parents’ alleged involvement in criminal activities and their attempts to involve her in illegal acts. Acting with good intentions to protect the minor girl, Mr.Y’s family filed a complaint with local authorities on DD/MM/YYYY. However, the situation became complicated when the girl suddenly ran away with an unknown person. Following this unexpected turn of events, the police arrested Mr.X in connection with the case. The matter has been pending in the juvenile justice system for several years now, causing significant stress to all parties involved. The family seeks guidance on how to resolve this long-standing legal issue and clear Mr.X’s name.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

• Gather all original documents related to the complaint and case proceedings immediately
• Contact the Juvenile Justice Board to understand current case status and pending requirements
• Prepare a detailed timeline of events with supporting evidence to present your version clearly

Applicable Sections of Law

This case falls under the Juvenile Justice Act, 2015, along with relevant provisions of BNS and BNSS. Key applicable sections include Section 79 of BNS (acts done by minors), Section 15 of Juvenile Justice Act regarding inquiry procedures, and various provisions under BNSS Chapter XII dealing with juvenile proceedings. Section 18 of the Juvenile Justice Act covers rehabilitation and social reintegration, while Section 94 of BNS addresses situations involving good faith actions. The case may also involve provisions related to missing person reports and protective measures for children under the Juvenile Justice framework.

If You Are the Complainant

• File an application before the Juvenile Justice Board seeking expeditious disposal of the pending case
• Submit additional evidence or witness statements that support the original complaint’s good faith nature
• Request for case status updates and ensure all procedural requirements have been fulfilled
• Consider filing for discharge or acquittal if sufficient grounds exist showing lack of criminal intent
• Maintain detailed records of all court appearances and communications with investigating authorities

If You Are the Victim

• Approach the Juvenile Justice Board with a detailed application explaining your situation and seeking relief
• Collect character certificates from school, community leaders, and other credible sources
• Document any harassment or mental trauma caused due to the prolonged legal proceedings
• Seek counseling support through government schemes available for juveniles in conflict with law
• Request for speedy trial considering the case has been pending for an unreasonable period

How the Police Behave in Such Cases

In juvenile cases involving missing persons and family disputes, police typically conduct preliminary inquiries to establish facts. They may question all parties involved, including family members and witnesses. The investigating officer usually coordinates with the Child Welfare Committee and Juvenile Justice Board. However, delays are common due to bureaucratic processes and the sensitive nature of juvenile matters. Police often require extensive documentation and may seek social investigation reports before proceeding with case disposal.

FAQs People Normally Have

• Can a juvenile case continue indefinitely? No, there are time limits prescribed under the Juvenile Justice Act, and prolonged delays can be challenged.
• What happens if the complainant was also a minor? Special procedures apply for cases involving minors as both complainants and accused, requiring careful handling by authorities.
• Can the case be withdrawn? Withdrawal depends on the nature of charges and requires court approval, especially in cases involving child protection.
• What are the maximum penalties for juveniles? The Juvenile Justice Act focuses on rehabilitation rather than punishment, with provisions for counseling and community service.

What Evidence Is Required?

• Original complaint copy filed with police authorities
• School records proving minor status at the time of incident
• Witness statements supporting the good faith nature of complaint
• Character certificates from teachers, neighbors, and community members
• Medical records if any counseling or treatment was sought
• Communication records between families and authorities
• Social investigation reports prepared by probation officers

How Long Will the Investigation Take?

Juvenile cases should typically be resolved within six months under the Juvenile Justice Act. However, complex cases involving missing persons and family disputes may take 1-2 years. The prolonged pendency of 7-8 years in this case is unusual and can be challenged for unreasonable delay. Courts are required to dispose of juvenile matters expeditiously considering the rehabilitation focus of juvenile justice system.

Advocate Sudhir Rao, Supreme Court of India