Kochi: The Kerala High Court has issued guidelines to ensure juveniles accused in criminal cases are not incarcerated alongside adult offenders. The directives, intended for investigating officers and judicial authorities, were issued by a division bench comprising Justice Raja Vijayaraghavan and Justice G. Girish.

The guidelines stemmed from a case in which two minor boys were imprisoned for 11 years alongside their parents, who were convicted of the murder of a Tamil Nadu native in Devikulam, Idukki, in 2011. The parents, who were sentenced to life imprisonment, did not disclose their children's juvenile status at the time of arrest.

Although the minors were later released, the court addressed the lack of provisions for compensation in such cases in the existing legal framework. The court declined to order compensation but recommended that the government consider introducing legislation to address similar situations.

Key Directives

  1. Verification of Age: Police must verify the accused's age before arrest using official documents like school certificates, birth certificates, Aadhaar, voter ID, or ration cards. Age confirmation must be noted in the remand report.
  2. Report to Magistrates: If age verification is incomplete before presenting the accused to a magistrate, it must be explicitly noted in the remand report. The authorities must promptly secure and submit relevant documents to prove the person is not a minor.
  3. Judicial Oversight: Magistrates must record accurate age details in remand orders based on available documents.
  4. Physical Appearance: If discrepancies between physical appearance and age are observed, investigations under the Juvenile Justice (Care and Protection of Children) Act must be conducted.
  5. Uncertainty of Age: In cases where age cannot be conclusively determined, the accused must not be sent to jail or custody until the issue is resolved.