[Juvenile Justice Act] Offence Of Wilful Neglect Must Be Committed Intentionally, Not By Accident Or Inadvertence: Kerala High Court

In the instant case, the prosecution alleged that a 6-year-old child who was residing in the Home For Mentally Deficient Children was assaulted and killed by 4 other inmates for urinating while sleeping.

It was found out that one of the inmates who attacked the child was a major. Apart from him, 3 other inmates who had attained majority were staying in the institution. It is alleged that the Multi Task Providers of the institution and the petitioner, who was superintendent of the said home, violated specific instructions by allowing major inmates to stay with minors.

They were booked under Section 75 of the JJ Act (punishment for cruelty to child). The petitioner approached the High Court to quash the case.

The prosecution argued that when a person who has actual charge and control over a child acts in a negligent manner so as to cause unnecessary physical or mental suffering to the child, the offence under Section 75 is attracted.

Justice C. Jayachandran observed that even if the petitioner had actual charge and control over the deceased, it could not be said that there was 'willful neglect' as given under the provision. He noted that even as per the final report, the allegation is that there was a supervisory lapse on the part of the petitioner as he was unaware that major inmates were staying in the room of the deceased and it caused the unfortunate incident.

The Court said that since the prosecution version itself says that the petitioner was unaware that major inmates were staying with the children, the offence under Section 75 of the Act would not stand. The Court added that a supervisory lapse would not constitute an offence under Section 75 of the JJ Act.

Accordingly, the petition was allowed

Counsel for the Petitioners: Advocates S. Mohammed Al Rafi, Thajuna Maria Francis

Counsel for the Respondents: Adv. Maya M. N. (PP)

Case No: Crl.M.C 8923 of 2023

Case Title: Sidhique Chundakkadan v State of Kerala

Citation: 2025 LiveLaw (Ker) 151