Use of Children in Crimes Has Society Rethinking Juvenile Age, Says Delhi High Court
Court observed that criminals are using children to commit a variety of crimes, which is prompting society to consider changing the age of juvenility;
The Delhi High Court recently observed that criminals are increasingly using children to commit a wide range of offences, from liquor and drug peddling to trafficking arms and ammunition, and even acts of extreme violence. Court said it is leading society to consider re-fixing the age of juvenility.
Justice Girish Kathpalia made the remarks while rejecting the anticipatory bail plea of a man accused of using a minor to transport 450 quarters of illicit liquor.
The accused was booked under Section 78 of the Juvenile Justice (Care and Protection of Children) Act in an FIR registered at PS Mayur Vihar-I.
His counsel, however, argued that since another FIR on the same matter had already been registered by the same police station, the present FIR was unsustainable. It was further submitted that the accused was willing to join the investigation if granted protection.
On the other hand, the APP for the State opposed the plea, citing the seriousness of the offence and the accused’s criminal antecedents. Court was told that the accused was also named in another FIR from PS Mayur Vihar under Section 285 BNS.
The prosecutor explained that after an FIR was lodged under Section 33 of the Delhi Excise Act, the Juvenile Justice Board directed registration of the present FIR, as a juvenile could not be both an accused and a victim in the same case. Custodial interrogation, he argued, was essential to expose other instances where children might have been exploited for criminal activities.
Agreeing with the prosecution, court stressed the gravity of the matter and said," Over a period of time, it is being observed that criminals use children to commit wide ranging crimes, involving not just liquor and drugs peddling but also arms/ammunitions and even acts of extreme violence, which is leading the society to consider re-fixing the age of juvenility. Far more serious than the illicit liquor trafficking is the child abuse in carrying out such crimes.”
Justice Kathpalia noted that police custody was necessary to determine whether the accused had committed similar offences and whether a larger network was using children in such activities.
“It is necessary to unearth if there was/is any other incident of a similar nature involving the accused/applicant and any child. It also needs to be unearthed if there is a wide network engaged in similar activities using children,” court said.
Dismissing the plea, court held, “I do not find it a fit case to grant anticipatory bail to the accused/applicant. The anticipatory bail application is dismissed.”
For Petitioners: Mr. Ankit Kumar Vats, Advocate (through videoconferencing).
For Respondents: Ms. Manjeet Arya, APP for the State with Inspector Manoj Kumar and SI Vishvendra Singh, PS Mayur Vihar, Delhi.
Case Title: NARENDER versus STATE NCT OF DELHI
Order Date: 13 August 2025
Bench: Justice Girish Kathpalia