How Can a Juvenile be Tried as an Adult in Court? [UPSC Notes]

Can a juvenile be tried as an adult? How can a juvenile be tried as an adult in Indian courts? What does the Juvenile Justice Act say in this regard? Get answers to all these questions in this article. This article is relevant for the IAS exam polity segment.

Trying Juveniles as Adults [Explained]

The National Commission for the Protection of Children (NCPCR) established guidelines for the Juvenile Justice Board (JJB) to perform a preliminary assessment under Section 15 of the Juvenile Justice Act, 2015 (JJ Act, 2015). 

  • The guidelines’ primary objective is to decide whether or not the accused should be treated as a minor during the trial.
  • The purpose of this preliminary evaluation is to determine if a child can be tried as an adult.

Determination of Age:

  • The Juvenile Justice Act, 2015 Act (JJ Act) defines a child as a person who has not reached the age of 18 years.
  • According to the Juvenile Justice Act of 2015, adolescents between the ages of 16 and 18 who commit serious crimes can be tried as adults.
  • According to Section 15 of the JJ Act, the Board must conduct a preliminary evaluation of the child’s mental and physical capacity to commit the heinous offence in order to determine whether the child has completed or is older than the age of sixteen.

 Heinous offences:

  • According to Section 2(33) of the JJ Act 2015, “heinous offences” are defined as crimes for which the Indian Penal Code, 1860 or any other applicable law specifies a minimum punishment of seven years in prison or more. 
  • An offence must have a minimum sentence of seven years in prison or more in order to be deemed a “heinous offence.” 

Preliminary Assessment and Role of Juvenile Justice Board (JJB)

The main purpose of the preliminary evaluation is to decide whether the minor, who is between the ages of 16 and 18, should be tried as an adult in the event of a serious offence. 

  • There are two crucial circumstances that demand a preliminary analysis. 
    • First, the crime fits the Act’s definition of “heinous” offences. 
    • Second, the minor accused of committing the offence is between the ages of 16 and 18.
  • Preliminary assessments are the sole responsibility of the Juvenile Justice Board (JJB), which has three months from the date the kid was initially produced before it to complete them. 
  • The matter will then be transferred to the Children’s Court if the Board believes that the youngster needs to be tried as an adult.

Need to include a ‘serious offenses’ category in Juvenile Justice Act, 2015: 

  • When a child is accused of committing a crime that cannot be accurately classified under one of the categories listed in the JJ Act of 2015, the child facing legal consequences should be given preference. 
  • In the relatively recent decision of Shilpa Mittal v. State of NCT of Delhi (2020), the Supreme Court ruled that a crime that has a minimum sentence of only seven years cannot be deemed to be extremely serious. 
  • However, the Act does not address the fourth category of offences: the maximum punishment is more than 7 years in prison, but no minimum sentence or a minimum term of less than 7 years is imposed. 
  • Until Parliament makes a decision, these offences will be classified as “serious offences” within the meaning of the Act.

How Can a Juvenile be Tried as an Adult in Court?:- Download PDF Here

Related Links
Code of Criminal Procedure (CrPC) POCSO Act
United Nations Convention on the Rights of the Child (UNCRC) The POCSO (Amendment) Act, 2019
IAS Eligibility UNICEF

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