Kerala High Court Orders Complete Erasure Of Juvenile's Records From Police & Court Databases Following Acquittal

A writ petition was filed by the petitioner, who had been arrayed as the 5th accused in a criminal case during his time as a minor, and was subsequently acquitted.

A Bench of Justice Shoba Annamma Eapen held, “Section 3(xiv) and Section 24 of the Act provide for erasure of the records relating to the offences committed and the exception of special circumstances does not apply to the facts of the case. Hence, I am of the opinion that the writ petition is to be allowed by directing the respondents to immediately delete and expunge all case records relating to C.C.No.46/2011 on the files of the Juvenile Justice Board, Thalassery from their internal systems including the police department's digital database.”

Background

The petitioner approached the High Court seeking the complete erasure of all official records related to the case registered against him when he was a minor. He expressed concern that, although acquitted, the existence of such records especially in police databases and court registries might resurface during background checks or character verifications, potentially affecting his prospects in public examinations and future opportunities.

To verify the status of the case records, the petitioner had initially requested certified copies of the documents from the Juvenile Justice Board (JJB) through his counsel. These were promptly provided, from which he discovered that the case records had not yet been expunged, despite his acquittal.

Thereafter, he submitted a formal representation to the Principal Magistrate of the Juvenile Justice Board, seeking the erasure of the records. The Board allowed his request and issued directions to its registry for deletion of the documents. However, when the petitioner made a similar request to the police authorities—specifically the SHOs—he was informed that the case would continue to remain in the police department’s internal digital database, despite his acquittal.

Feeling aggrieved by this, the petitioner filed the present writ petition before the High Court seeking full deletion of the records from all government systems.

Finding

The Court considered key provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015.

Referring to the Supreme Court’s ruling in Union of India & Ors. v. Ramesh Bishnoi (2019), the High Court reiterated the Apex Court’s observation that juveniles should not be stigmatized by past offences, even if convicted.

The Court noted that the petitioner had not been convicted but was acquitted, and therefore the protection under Sections 3(xiv) and 24 of the Juvenile Justice Act clearly applied. Moreover, since the case did not involve any heinous offence, the statutory exception to erasure did not apply.

The High Court held that the presence of the petitioner’s details in the digital database of the police and other official systems was in violation of the Juvenile Justice Act, and upheld his right to a fresh start.

It further directed, “Accordingly, the writ petition is disposed of directing the respondents to delete and expunge all case records relating to C.C.No.46/2011 on the files of the Juvenile Justice Board, Thalassery from their internal systems, including the police department's digital data base. It is also made clear that the respondents shall ensure that the petitioner's juvenile records are not disclosed, accessed or relied upon in any official or administrative capacity in the future.”

Accordingly, the writ petition was allowed and disposed off.

Cause Title: X v. State of Kerala & Ors., [2025:KER:61900]

Appearance:

Petitioner: Advocates Harikrishnan P.B., Swetha R., Muhammad Afsal A

Respondents: Advocate K.B. Sony

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