The Calcutta High Court reiterated that under the Juvenile Justice (Care and Protection of Children) Act, 2015 “a juvenile cannot be sentenced to more than seven years.” Since the Bangladeshi national was arrested as a minor and held for over 21 years, the Court ordered his immediate release and repatriation.
A division bench of the Calcutta High Court, led by Justices Rajasekhar Mantha and Rai Chattopadhyay, has ordered the immediate release and repatriation of a Bangladeshi national who has been held in India for over 21 years after being arrested as a minor for illegal entry.
The court’s decision followed an inquiry and a report from the Additional District and Sessions Judge at Basirhat (North 24 Parganas), which included an ossification test indicating the man is now 36 years old and confirming he was a minor on February 8, 2005, the date of his arrest.
Noting that the Juvenile Justice (Care and Protection of Children) Act caps detention of juveniles at seven years, the bench held that his continued incarceration for more than two decades was unlawful and directed authorities to take steps for his repatriation to Bangladesh.
In a separate order the same day, the court also ordered the release of another man who had spent more than 14 years behind bars despite being a juvenile at the time of his arrest. A report from the Additional District and Sessions Judge of the Fast Track Court at Rampurhat (Birbhum) found that the appellant was 15 years and 9 days old on February 27, 2011, when the alleged offence took place.
The High Court reiterated that under the Juvenile Justice Act “a juvenile cannot be sentenced to more than seven years,” and because the man had already been detained for over 14 years, the court directed his immediate release.
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The rulings emphasize the protections the Juvenile Justice Act affords minors and the statutory limits on their detention, even in criminal cases.
The Juvenile Justice (Care and Protection of Children) Act, 2015 is the main law in India that deals with children in conflict with law and children who need care and protection.
The Act focuses on rehabilitation, protection, and social reintegration of children, instead of punishment.
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