The National Commission for Protection of Child Rights (NCPCR) has prepared draft guidelines on the preliminary assessment of whether certain minors are to be tried under law as adults in particular cases, under the Juvenile Justice (Care and Protection of Children) Act.
What says the law?
- Earlier, all children under the age of 18 were considered minors by the law, but through an amendment in 2015, a provision was added to the JJ Act for trying a child in conflict with the law as an adult.
- Under this, a child in the age group of 16-18 years could be tried as an adult in case of heinous offences.
- Section 15 (1) of the Act states that the Juvenile Justice Board shall conduct a preliminary assessment to determine whether to try such a child as an adult or a minor.
- The Act directs that the Board shall consider the mental and physical capacity of the child for committing the alleged offence, the ability to understand the consequences of the offence, and the circumstances in which the offence was committed.
- The Board can take the assistance of experienced psychologists or psychosocial workers or other experts.
- After the assessment, the Board can pass an order saying there is a need to try the said child as an adult and transfer the case to a children’s court with the relevant jurisdiction.
- If tried as a minor, the child could be sent to a special home for a maximum of three years.
- If tried as an adult, the child can be sentenced to a jail term, except being sentenced to death or life imprisonment without the possibility of release.
Salient features of draft
- The draft says that the preliminary assessment has to determine four aspects: a. Physical capacity of the child: b. Mental capacity; c. Circumstances in which the offence was allegedly committed; d: Ability to understand the consequences of the alleged offence.
Background
- On July 13, 2022, the Supreme Court while hearing a case related to the murder of a Class 2 student in Haryana, allegedly by a 16-year-old, said the task of preliminary assessment under the J J Act is a “delicate task” and the assessment requires expertise and directed that appropriate and specific guidelines be put in place.
(Source: Indian Express)
