Mumbai, Feb 11 (PTI) The courts must adopt a reformative approach in cases involving young offenders, the Bombay High Court observed while granting bail to a 20-year-old man accused of sexually assaulting his cousin.

A single bench of Justice Milind Jadhav said that punishment in cases where the accused is a youth has to be inflicted for a reformative result rather than being punitive.

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The court said every opportunity or risk should be taken constructively in cases involving young offenders so that they get a chance to become good citizens in society.

The bench on February 7 granted bail to a man accused of sexually assaulting his minor cousin on three occasions between April and May 2023.

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The abuse came to light when the girl got pregnant and informed her friend's mother in August 2023, following which a case was then registered, and the youth was arrested.

The high court, in its order, said considering the accused's age, any further incarceration would amount to giving him punishment before conviction.

It further said that the accused's family would undoubtedly do their duty to make every effort and attempt to reform and aid him in leading a reformed life.

The court said punishment has to be inflicted for a reformative result rather than being punitive.

Justice Jadhav observed that the reform and rehabilitation of the undertrial accused needs to be considered while deciding on the bail plea, especially when the accused is young.

"...this is so that the accused gets an opportunity or is given an opportunity to reform, rehabilitate and earn his livelihood honourably from the perspective of social integration," the bench said.

The bench noted that in the present case if the accused is incarcerated any further, there is every possibility that he might lose faith in the institution and society at large and may tread the path of criminality or waste his life.

"Incarceration in prison statistically shows that it exposes many youth to abuse. There are several harms of incarceration, which are inflicted disproportionately on the youth. This is the reason why Court feels that any / every semblance of a chance towards a reformative approach in punishment should be adopted, especially in the case of young offenders," it held.

The bench said any further incarceration of the accused in the present case, considering his young age, was likely to worsen his likelihood of success in every sphere of society and would expose him to abuse.

The court, while granting him bail, said there was a thin, rather faint line between punitive and reformative approaches.

(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)