JUVENILE

1. Context 

2. About Juveniles

• Juveniles are the person who has not attained the age of majority which means those who are below 18 and have committed a crime whether it is heinous or not.
• They are also known as juvenile offenders or juvenile delinquents. For example, the minimum smoking age in India is 18 and people below that are called minors or underage.
• The Juvenile cases are heard in juvenile court, a type of civil court with different rules than an adult criminal court.
• However in certain cases, older juveniles can be tried as adults in criminal court.

3. How can Children get tried as an adult

• The Act has categorised the offences committed by children into three categories petty offences, serious offences and heinous offences.
• Section 15 of the JJ Act provides that in case of a heinous offence alleged to have been committed by a child, who has completed or is above the age of sixteen years, the Board shall conduct a preliminary assessment regarding his mental and physical capacity to commit such offence, ability to understand the consequences of the offence and the circumstances in which he allegedly committed the offence.
• Section 18 (3) of the Act further suggests that, if the Board, after preliminary assessment under section 15 passes an order that there is a need for a trial of the said child as an adult, then the Board may order the transfer of the case to the Children's court having jurisdiction to try such offences.
• Thus, the sole objective of having such a preliminary assessment is to determine whether a child within the age group of 16-18 years should be tried as an adult in case of heinous offences.

4. The responsibilities of the Board

• The guidelines further make it clear that the JJB shall be responsible for the preliminary assessment and provide the child, the child's family and their counsel with a copy of the order.
• It further states that in case the JJB does not have at least one member who is a practising professional with a degree in child psychology or child psychiatry, the Board shall take the assistance of psychologists or experts who have experience working with children in difficult times.
• The child should also be provided with legal aid counsel through the District Legal Service Authority and shall be present during the preliminary assessment.
• One of the important aspects of the guidelines is that it mandates experts, who have the required qualification to assist the JJB to undergo training concerning Section 15 of the JJ Act, 2015.
• During the preliminary assessment, the Board and experts shall also analyse and take into consideration of the Social Investigation Report (SIR) to be prepared by the Probation officer Child Welfare officer or any social worker or a Social Background Report (SBR) to be prepared after interaction with the child or the Child's family.

5. The Way Forward

• The NCPCR is under a statutory obligation under Section 109 of the JJ Act, 2015 to monitor the proper implementation of the provisions of the Act.
• The guidelines have been made to remove any ambiguity and clarify the steps needed to be followed while conducting the preliminary assessment.
• However, the major issue remains the implementation and absorption of these principles in the system, particularly to be followed by the JJB and the Children's Court.
• Many principles that have been made a part of the Act have not been given due prominence by the  Board or the Children's Court.