‘Person is child’: Why Calcutta High Court quashed a case against juvenile who drove car with ‘Judge’ board and ‘blue beacon’
Rash driving juvenile case: The Calcutta High Court was hearing the plea of a juvenile who was allegedly driving his grandfather's car negligently while having a "blue beacon" and a board of "Judge" on dashboard in 2023.
5 min readNew DelhiUpdated: Jan 30, 2026 01:27 PM IST
Calcutta High Court News: The Calcutta High court noted that the Juvenile in Conflict with Law was allegedly driving a car with blue beacon and a board of 'Judge' on dashboard. (Image is created using AI)
Calcutta High Court News: The Calcutta High Court recently quashed all the proceedings against a juvenile in conflict with law (JCL) in the state Juvenile Justice Board (JJB), observing that a “rigid or overtly technical approach” should be avoided in cases involving juveniles and that courts should instead favour the conclusion that the “person is a child”.
Justice Ajoy Kumar Mukherjee was hearing a plea filed by the JCL seeking the quashing of all proceedings pending before the state’s Juvenile Justice Board.
Justice Ajoy Kumar Mukherjee emphasised that the Juvenile Justice Act is a “welfare legislation”, and that the courts should be zealous to see that a juvenile derives full benefits of the provisions of the Act. (Image is enhanced using AI)
The JCL in the present case allegedly drove a four-wheeler car in a rash and negligent manner, without having a driving license, while having a blue beacon on top and a “Judge” written board kept on the dashboard.
The car allegedly belonged to the grandfather of the JCL, who was a judge retired 18 years ago.
“Courts must avoid a rigid or overtly technical approach and instead favour the conclusion that the person is a child”, the order read.
Highlighting that the Juvenile Justice Act is a “welfare legislation”, Justice Mukherjee stated that the courts should be zealous to see that a juvenile derives full benefits of the provisions of the Act.
However, the court also cautioned that the protection and privileges provided under the Act should not be misused by unscrupulous persons for escaping punishments after committing serious offences.
Courts should be zealous to see that juveniles derive full benefits of JJ Act provisions
Restoration Objective
Beneficial legislation aiming to restore juveniles in mainstream society, especially for petty offences
Rehabilitation Focus
Act designed to rehabilitate juvenile concerned rather than punish through traditional justice system
Care and Protection
Designed for care and protection of children; courts must interpret generously to benefit child
Full Benefits Mandate
Courts should be zealous in ensuring juveniles derive complete benefits of Act provisions
Misuse Warning
Protection and privileges under Act should not be misused by unscrupulous persons for escaping punishments after committing serious offences
Express InfoGenIE
Findings
The offences alleged against the JCL are petty in nature, with a maximum punishment of 3 years’ jail.
Under the Juvenile Justice Act, the inquiry should be completed within a period of four months from the date of first production of the juvenile, before the board, unless the period is extended for a maximum period of two more months by the JJB, after recording reasons in writing for such extension.
The JCL appeared before the board in November 2023, and the inquiry should have been completed by March 2024.
The time frame was extended by the board in the present case, but no valid reason was recorded for the same.
The inquiry was not concluded within the maximum time frame provided under the Act.
The timeline given in the Act has the objective of speedy inquiry and to avoid repeated appearances of the juvenile before the board, with an aim to reduce the impact of such legal complexities in the life of a juvenile.
The proceedings against the JCL before the state JJB are to be quashed.
The Act is a beneficial piece of legislation aiming to restore and rehabilitate the juvenile concerned in the mainstream of society, especially in cases involving pretty offences.
The Act must be interpreted and understood to advance the cause of this piece of legislation and to confer the benefits on the persons for whom the legislation has been made.
The juvenile law is designed for the care and protection of children; therefore, courts should interpret it generously to benefit the child.
Background
The JCL was allegedly driving a four-wheeler in November 2023, having a blue beacon on top with “Judge” written on the board kept at dash board, violating one way traffic rule of the road.
A sergeant noted the JCL’s car and reportedly tried to stop the vehicle since it was driving on the wrong side in a rash and negligent manner, increasing the possibility of a severe fatal accident.
It was placed on record that the JCL was driving the vehicle without a license. It was also stated that the car belonged to his grandfather, who was a judge and retired 18 years ago.
Arguments
Advocate Sekhar Basu, representing the JCL, argued that the proceedings against him should be quashed as the inquiry remained inconclusive within the statutory period provided under the Act.
On the contrary, the state’s advocate Bibaswan Bhattacharya opposed this request to quash the proceedings.
Richa Sahay is a Legal Correspondent for The Indian Express, where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape.
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