In 2004, when Mahavir was barely 15 years old, he was accused of abetment of murder and destruction of evidence in a dowry death case. He was tried as an adult. Convicted and sentenced. His Special Leave Petition to the Supreme Court was dismissed. His appeal to the High Court for recall of the conviction was rejected — the High Court said the judgment had attained finality. He spent 21 years with this conviction before the Supreme Court finally set it aside. The principle it applied will benefit every person who was a child at the time of their alleged offence but was tried as an adult.

Two Critical Holdings

First: The plea of juvenility can be raised at any stage of proceedings — including before the Supreme Court — and can be acted upon even 21 years after conviction. The Juvenile Justice Act specifically provides that a claim of juvenility can be raised at any time. There is no limitation on this right.

Second: Section 362 CrPC (now Section 446 BNSS), which generally bars criminal courts from altering or reviewing a signed judgment, does not curtail the High Court's inherent power under Section 482 CrPC (Section 528 BNSS) to recall its own judgment where allowing it to stand would cause a miscarriage of justice. The bar under Section 362 is not absolute — the High Court's inherent jurisdiction survives it.

The Supreme Court's Observation on a Systemic Gap

The Court noted with concern that an increasing number of cases raise the plea of juvenility for the first time before the Supreme Court — pointing to a "huge gap" in the understanding and implementation of the Juvenile Justice Acts by police, trial courts, and High Courts. Officers and courts at every level must identify juvenile accused at the beginning of every case, not after 21 years of imprisonment.

Age at Time of Offence — Not at Time of Trial

What matters under the Juvenile Justice Act is whether the accused was below 18 years of age at the time the alleged offence was committed — not at the time of arrest, trial, or sentencing. Even if a person is now 40 years old and has been in prison for 20 years, if they were below 18 when the offence occurred, they are entitled to the benefit of the JJ Act.

Practical Guidance

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If you or a family member is accused or convicted of a crime allegedly committed when they were below 18 — raise the plea of juvenility immediately before the trial court. Produce school records, birth certificate, or other age proof.

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If the plea was not raised at trial — it can still be raised before the Sessions Court (during appeal), the High Court (during appeal or revision), or even the Supreme Court. There is no time limit on raising juvenility.

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Once juvenility is established — the conviction by the regular court is not automatically void, but the sentence cannot operate. The case is sent to the Juvenile Justice Board for appropriate orders — typically credit for time served or rehabilitative measures.

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The High Court's inherent power under Section 528 BNSS (formerly Section 482 CrPC) can be used to recall its own judgment even after an SLP is dismissed — where grave injustice would otherwise result. File a recall petition before the High Court with this Supreme Court ruling as the foundation.

Case Reference
Mahavir @ Avnish v. State of Madhya Pradesh | 2026 LiveLaw (SC) 892 | Hon'ble Justice Prashant Kumar Mishra & Hon'ble Justice Shree Chandrashekhar | September 2, 2026 | Hon'ble Supreme Court of India

Frequently Asked Questions

Questions people commonly search on this topic

Can a conviction be set aside if the accused was a juvenile at the time of the crime? +
Yes. The Supreme Court has set aside a 21-year-old conviction after establishing that the accused was below 18 at the time of the alleged offence. The benefit of the Juvenile Justice Act applies based on age at the time of the offence — not at the time of trial or sentencing. There is no limitation period on raising the plea of juvenility.
Can the plea of juvenility be raised after conviction in India? +
Yes. The Juvenile Justice Act expressly provides that the plea of juvenility can be raised at any stage of the proceedings — including before the High Court or the Supreme Court, years or even decades after conviction. The Supreme Court accepted such a plea and set aside a 21-year-old conviction.
Does Section 362 CrPC bar the High Court from recalling its own judgment? +
Not absolutely. The Supreme Court has held that Section 362 CrPC (now Section 446 BNSS) does not completely obliterate the High Court's inherent power under Section 482 CrPC (now Section 528 BNSS) to recall its own judgment where allowing it to stand would result in a grave miscarriage of justice — such as a juvenile being punished as an adult for 21 years.
What documents prove juvenile age under the Juvenile Justice Act? +
Documents in order of preference: (1) school date of birth certificate; (2) birth certificate from a municipal corporation or Panchayat; (3) affidavit supported by matriculation or equivalent certificate; (4) medical examination by a Medical Board. The earlier the document, the more reliable it is.