JJ Act | Child Cannot Be Automatically Tried As An Adult Even If It Commits Heinous Crime: Bombay High Court

Section 2(12) of the the JJ Act defines "child" who has not completed eighteen years of age. As per Section 2(13) "child in conflict with law" means a child who is alleged or found to have committed an offence and who has not completed eighteen years of age on the date of commission of such offence. In Section 2(33) "heinous offence " is defined as the offence for which the minimum punishment under the Indian Penal Code or any other law for the time being in force is imprisonment for seven years or more.

Under Section 15, in case of a heinous offence allegedly committed by a child above 16 years of age, the Board has to conduct a preliminary assessment with regard to 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, before deciding if the CCL can be tried as an adult.

As per Section 2(33) of the J.J. Act "heinous offences" means the offences in which minimum punishment is seven years or more.

In this backdrop, the single judge observed that none of the Sections 18, 20, 38 and 39 alleged against the present CCL provides minimum punishment for seven years.

Thus the single judge concluded that the revision application is devoid of any substance and dismissed it.

Reliance was placed on Shilpa Mittal Vs. State (NCT of Delhi) and Another [(2020) 2 Supreme Court Cases 787], wherein the Hon'ble Supreme Court held that before the juvenile is tried as an adult a very detailed study must be done and the procedure laid down has to be followed.

"Even if a child commits a heinous crime, he is not automatically to be tried as an adult. This also clearly indicates that the meaning of the words "heinous offence" cannot be expanded by removing the word "minimum" from the definition...in exercise of powers conferred under Article 142 of the Constitution, we direct that from the date when the 2015 Act came into force, all children who have committed offences falling in the 4th category shall be dealt with in the same manner as children who have committed "serious offences"," it was held therein.

Having regard to this, the Court said it is clear that the JJB did not commit any error in rejecting the application and the Appellate Court did not commit any error in dismissing Criminal Appeal.

Case Title : The State of Maharashtra v Shadab Tabarak Khan