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{"id":271788,"date":"2022-08-18T09:00:00","date_gmt":"2022-08-18T03:30:00","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=271788"},"modified":"2022-08-17T16:32:52","modified_gmt":"2022-08-17T11:02:52","slug":"preliminary-assessment-section-15-juvenile-justice-act-2015-trial-of-children-above-16-years-as-adults-for-heinous-offences-2017-gurgaon-school-murder-case-supreme-court-legal-research-updates-news","status":"publish","type":"post","link":"https:\/\/blog.scconline.gen.in\/post\/2022\/08\/18\/preliminary-assessment-section-15-juvenile-justice-act-2015-trial-of-children-above-16-years-as-adults-for-heinous-offences-2017-gurgaon-school-murder-case-supreme-court-legal-research-updates-news\/","title":{"rendered":"Mental capacity & ability to understand consequences of acts not same; Guidelines must be in place for preliminary assessment of children above 16 years of age for trial as adults: SC"},"content":{"rendered":"\n
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Supreme Court<\/strong>: In an unfortunate incident in 2017, a class II student was found with his throat slit in the bathroom of his school. A class XI student, aged 16 years and 5 months on the date of the incident, was arrested. The Supreme Court was called upon to examine the preliminary assessment made under Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015. The bench of Dinesh Maheshwari and Vikram Nath*,<\/strong> JJ has asked the Central Government and the National Commission for Protection of Child Rights and the State Commission for Protection of Child Rights to consider issuing guidelines or directions in this regard which may assist and facilitate the Board in making the preliminary assessment under section 15 of the Act, 2015.<\/p>\n

It is important to note that Section 15 of the Act, 2015 mandates that where a child in conflict with law has committed a heinous offence and is above the age of 16 years, the Board would make a preliminary assessment and pass appropriate orders in accordance with the provisions of sub-section (3) of section 18 of the Act, 2015.<\/p>\n

In the present case, both the conditions required under section 15 of the Act, 2015 were fulfilled and the Board proceeded to pass an order holding that there was need of trial of respondent as an adult and accordingly, directed for transfer of papers to the Children\u2019s Court. The Children\u2019s Court also upheld the decision of the Board and dismissed the appeal.<\/p>\n

The Punjab\u00a0and\u00a0Haryana\u00a0High\u00a0Court, however, allowed the Revision, set aside the orders passed by the Board as also the Children\u2019s Court and remanded the matter to the Board for a fresh consideration.<\/p>\n

Impact of preliminary assessment under Section 15 of the JJ Act directing the child to be tried as an adult <\/strong><\/span><\/h4>\n