Bail for Juveniles in Heinous Offences: Lahore High Court’s Insightful Ruling

Bail for Juveniles in Heinous Offences: Lahore High Court’s Insightful Ruling

The Lahore High Court recently delivered a highly informative judgment in Crl. Misc. No. 1629-B of 2024, Muhammad Latif v. The State and another (2025 P Cr. L. J 1279), interpreting the true scope of Section 6(3) of the Juvenile Justice System Act 2018 (JJSA).

Unfortunately, the headnotes published with the case did not capture this crucial aspect, making it clear why relying only on headnotes can be misleading. To fully understand such rulings, reading the complete judgment is essential.

Understanding Sections 5 & 6 of the JJSA

• Section 5: Provides the procedure when a juvenile is arrested.

• Section 6: Deals with bail during trial.

Within Section 6:

• 6(3): Treats minor and major offences as bailable, irrespective of CrPC or other laws.

• 6(4): Where the juvenile is above sixteen and accused of a heinous offence, bail may be denied if reasonable grounds exist.

• 6(5): Even in heinous offences, if the juvenile is under continuous detention for more than six months without trial delay caused by him, bail becomes mandatory.

Where Does an Under-16 Accused of a Heinous Offence Stand?

The judgment dealt with a unique situation: a juvenile around 11 years old, accused of a heinous offence.

• Section 6(3) does not mention heinous offences at all.

• Section 6(4) applies only when the accused is above sixteen.

This legal gap raised an important question: Should an under-16 juvenile accused of a heinous offence be granted bail as a matter of right, or should the decision be left to the discretion of the court?

Court’s Reasoning: Legislative Intent

The Lahore High Court emphasized two interpretative principles:

1. Legislature chooses words carefully – omissions or inclusions are deliberate.

2. Avoid absurd results – interpretation must not produce impractical, illogical, or disproportionate consequences.

Accordingly, the JJSA aims to:

• Show leniency in minor and major offences by making them bailable.

• Treat heinous offences with stricter scrutiny, even for juveniles.

Thus, bail for heinous offences involving under-16 juveniles should be considered on merits, not as an automatic right.

Conclusion

The Lahore High Court’s ruling makes it clear that:

• JJSA does not grant blanket leniency for heinous offences.

• For juveniles under 16 accused of heinous crimes, bail is not automatic.

• Courts must evaluate age, nature of offence, circumstances, and public safety before deciding.

This balanced interpretation protects society’s security while ensuring juveniles receive fair treatment in line with rehabilitation principles.

📖 Case Reference:
Crl. Misc. No. 1629-B of 2024, Muhammad Latif v. The State and another, 2025 P Cr. L. J 1279