Friday, June 5

Criminal

The Supreme Court bench of Justices Dipankar Datta and A.G. Masih ordered the release of a man convicted in a 1981 murder case after confirming he was 12 years and 5 months old at the time of the offence. Citing Section 7-A of the Juvenile Justice Act, 2000, the Court held that a claim of juvenility can be raised at any stage and applies retrospectively. The bench ruled that custody beyond the three-year limit under juvenile law violates Article 21 and reaffirmed the rehabilitative nature of juvenile justice while criticizing past procedural lapses.

The Supreme Court held that criminal courts cannot review or recall their own final, signed orders except to correct clerical or arithmetical mistakes, and set aside the Rajasthan High Court’s recall and transfer of two FIR investigations to the CBI. It ruled that inherent powers under Section 482 (now Section 528 BNSS) cannot override the bar in Section 362 CrPC (now Section 403 BNSS). The Court restored finality to the earlier order and allowed parties to seek appropriate remedies.

The Supreme Court, in *Deepak Yadav v. State of Uttar Pradesh* (2025), ruled that trial courts cannot add charges not in the police chargesheet solely based on private witness affidavits. Courts must examine the complete investigation record or order further inquiry before taking cognizance of additional offences. The judgment emphasizes proper procedural safeguards, independent judicial assessment, and full disclosure of investigation materials under Sections 161, 172, and 190 CrPC. It reinforces fair trial rights, clarifies limits on judicial discretion in modifying charges, and ensures that courts do not mechanically rely on private submissions without verifying evidence and investigation integrity.