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Arshi   11 May 2021

Bail for minor

Respected Members,

A boy and his group of friends who all are minors went to a hotel.

One of the boy (B) had a Girlfriend who was also a minor and they all were studying in same school.The girl has a history of leaving home for long hours. Her mother filed a complaint for kidnapping. The police found the group in a hotel.All the boys were arrested and the girls mother has charged them for rape under POSCO Act.

All the other boys are discharged but one boy 'A' the police has kept him in jail saying he is adult but in reality he is 17 years old.

What can be done to get him a bail? 

Please help.

Thank you 


 9 Replies

AFZAL VOHRA (Civil & Revenue Lawyer)     12 May 2021

Simply produce age proof before magistrate

Dr J C Vashista (Lawyer)     12 May 2021

How can you prove that the boy (accused) is 17 years old ?

Even POSCO Act / rape case can be registered and proceeded against a 17 year old accused.

It is better to consult and engage a local prudent lawyer for proper appreciation of facts/ documents, professional advise and necessary proceeding.

Sankaranarayanan (Advocate)     12 May 2021

 your query is little confused. . so consult local lawyer and act accordingly

Pradipta Nath (Advocate)     12 May 2021

Get the copy of the document where the boy is asserting his age is 17, ask the PP to challenge it. Apart why you are interested in his age as I believe the case has been booked under POSCO Act against all the accused.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     12 May 2021

Where the age of the victim is between seventeen and eighteen years, invocation of the POCSO Act would be justified only if thereis clinching evidence. 

P. Venu (Advocate)     12 May 2021

Yes, only a local advocate can help. At this stage, the real issue is whether there was rape or attempted rape and not the age of the accused.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     12 May 2021

Engage a local Advocate and deal with the case.

Arshi   12 May 2021

Thank you Everyone for your replies.

T. Kalaiselvan, Advocate (Advocate)     13 May 2021

When the co-accused minors have been enlarged on bail, this boy also can be enlarged on bail on the same grounds. 

Court generally will incline to consider the parity among the accused if the offence is common and reported to have committed by all of them  hence there is no justification to reject one person's bail application alone. 


"Section 102. (JJ Act)Revision.- The High Court may, at any time, either on its own motion or on an application received in this behalf, call for the record of any proceeding in which any Committee or Board or Children's Court, or Court has passed an order, for the purpose of satisfying itself as to the legality or propriety of any such order and may pass such order in relation thereto as it thinks fit:

You may discuss with your lawyer at length and probe the possibilities for getting him enlarged on bail

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