Rajasthan High Court Calls For Mechanism To Expunge Record Of Minor Offences By Juveniles To Enable Easy Rehabilitation

The Rajasthan High Court has called for development of mechanism in the juvenile justice system for expunging the records of minor offences committed by young persons, to enable easier rehabilitation and prevent "youthful mistakes" from becoming lifelong barriers to personal and professional growth.

In doing so the court underscored that a punitive approach can permanently brand young persons as criminals for minor mistakes that they may have committed. It thus also reiterated that a mere registration of an FIR does not reduce a citizen to the status of either a convict or of a bad character. The court made the observation in a candidate's plea who was denied appointment in the police, since he had a criminal case as a juvenile even though he was acquitted.

Notably, in a separate matter, the Jaipur bench of the high court while expressing a similar opinion had said that the “right to be forgotten” for a juvenile by way of destroying records of juvenile delinquency is an absolute right and has to be given full meaning by the State.

Justice Arun Monga in his order said, “Youth need a reformative approach to the indiscretions committed in heat of the moment, which may or may not be intentional…A compassionate and reformative approach ought to be adopted when dealing with young individuals who may have committed minor transgressions. Young people, particularly in their late teens and early twenties, are still in the process of emotional and intellectual development. At this stage, they often act impulsively, sometimes making decisions that are not well thought out. A punitive approach that permanently brands young individuals as criminals for relatively minor mistakes contradicts the principles of justice/fairness, recidivism and reformation and reintegration into society.”

Referring to the provisions of the Juvenile Justice (Care and Protection of Children) Act the court said, "In fact, given the aforesaid position of law, a mechanism must be devised in juvenile justice system by expungement of records for minor offences committed by youth. This will enable their easier rehabilitation and also prevent youthful mistakes from becoming lifelong barriers to personal and professional growth". 

The petition was filed by a successful aspirant of Sub-Inspector/Platoon Commander who was not given appointment on the grounds that he had criminal cases registered against him as a juvenile in which even though he was acquitted but only after being given benefit of doubt.

It was the case of the petitioner that an acquittal was an acquittal irrespective of being given based on benefit of doubt or compromise, and that the State could not deny him employment on this ground.

On the contrary, the State argued that the petitioner did not meet the criteria of having a sound character which was a prerequisite for the post. And it was an employer's right to ascertain suitability of the candidate depending on his character.

Findings

After hearing the contentions and perusing the records, the Court opined that there was no doubt that a person wanting to join police force had to be of impeccable character, and if being involved in an offence of any moral turpitude, it was employer's right to reject his candidature. However, mere registration of an FIR did not reduce a citizen's status to that of a convict or someone with a bad character adding that "every citizen is presumed innocent unless proved guilty" it said.

It thus said that in the present case the alleged role attributable to the petitioner is not of such a nature so as to either impinge on the nature of duties to be performed by him or otherwise, even bordering moral turpitude.

The Court held that,

“Societal and so should the legal perspective be, of course depending upon the nature of delinquency, that youthful indiscretions should not permanently tarnish an individual's future. A compassionate and reformative approach ought to be adopted when dealing with young individuals who may have committed minor transgressions.”

It was further opined that principle of proportionality also had to be kept in mind by the administrative authority since not all offences were of same gravity, and minor indiscretions could not be equated with serious crimes.

The Court made a reference to Section 24 of the Juvenile Justice (Care and Protection of Children) Act, 2015 that laid down that no child who was dealt with under the Act should be disqualified based on such conviction. It thus called for development of such a mechanism for expunging of records of minor offences.

Accordingly, the petition was allowed, and the State was directed to allow the petitioner to join services if he was otherwise found to be meritorious in the selection process. 

Case Title: Vikash Kumar v State of Rajasthan & Ors.

Citation: 2025 LiveLaw (Raj) 83

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