Introduction

The Telangana High Court recently delivered a landmark judgment addressing the trial of juveniles as adults under the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act). The case involved a juvenile accused of committing rape and murder of a 10-year-old child in 2017. After an initial evaluation by the Juvenile Justice Board (JJB), which concluded that the juvenile should be tried as an adult, the case was transferred to the Children’s Court for final adjudication.

The central issue raised before the Telangana High Court was whether the Children’s Court had conducted the necessary independent assessment required by Section 19 of the Juvenile Justice Act, which mandates that the court must evaluate a juvenile’s physical and mental capacity, understanding of the offense, and the circumstances surrounding the crime before determining if they should be tried as an adult. In this case, the juvenile’s defense challenged the Children’s Court’s decision, arguing that the court had failed to carry out such an independent inquiry, instead relying solely on the JJB’s findings.

The High Court examined whether the Children’s Court properly adhered to the statutory obligations set forth in the Juvenile Justice Act, particularly under Section 19 and Section 18, which govern the procedures for assessing whether a juvenile should be tried as an adult, especially when the juvenile is above the age of 16 years.

Court’s Observations

Independent Assessment by the Children’s Court

The Telangana High Court emphasized that the Children’s Court is obligated to perform an independent and thorough assessment of a juvenile’s mental and physical capacity. It cannot merely rely on the findings of the Juvenile Justice Board (JJB), which only conducts a preliminary inquiry under Section 15 of the JJ Act. The court stressed that the Children’s Court must independently determine the juvenile’s understanding of the offense and evaluate the juvenile’s mental and physical state to assess whether they should be tried as an adult.

The court quoted the following observation: “By no stretch of imagination, can such findings of the learned Sessions Judge be deemed as an assessment, which is mandatory under Section 19(1)(i) of the Juvenile Justice Act. The assessment of the learned Sessions Judge is bereft of any reasoning.”

Role of the Juvenile Justice Board (JJB)

While the JJB plays a critical role in conducting a preliminary inquiry into the juvenile’s case, its findings are not final. The Children’s Court must independently assess whether the juvenile is fit to be tried as an adult. The JJB’s report under Section 15 serves as an initial evaluation, but the final decision on whether a juvenile should be tried as an adult must rest with the Children’s Court, which must adhere to the procedural requirements set forth in Section 19 of the Juvenile Justice Act.

The court drew from the Supreme Court’s ruling in Ajeet Gurjar v. The State of Madhya Pradesh (2023), which emphasized the necessity of a separate and independent examination by the Children’s Court. The Telangana High Court quoted the Supreme Court’s clarification: “The observation of the High Court that the order passed under sub-section (3) of Section 18 has attained finality completely ignores that the order under sub-section (3) of Section 18 is not a final adjudication on the question of trying the child as an adult.”

Mandatory Criteria for Assessing Juvenile’s Capacity

The High Court reinforced that Section 19 of the JJ Act requires the Children’s Court to evaluate the mental and physical capacity of the juvenile, including an assessment of their ability to comprehend the offense. The court emphasized that a detailed review of the circumstances surrounding the crime, as well as any mitigating factors, must be considered before making a decision to try the juvenile as an adult.

Court’s Directions

The Telangana High Court remanded the case to the Children’s Court for a fresh independent assessment, in compliance with the provisions of Section 19 of the Juvenile Justice Act. The High Court ordered that the Children’s Court must conduct a detailed inquiry into the juvenile’s mental and physical condition and assess whether the juvenile understands the gravity of the crime committed. The court directed that this independent evaluation should not rely solely on the findings of the Juvenile Justice Board but should include a thorough examination of the juvenile’s background, mental health, and the circumstances of the offense.

The High Court also stressed that the Children’s Court must dispose of the matter expeditiously. It stated: “The Children’s Court shall give preference to this case and dispose of it as expeditiously as possible.”

Conclusion

The Telangana High Court’s decision underscores the need for a fair and thorough process when determining whether a juvenile should be tried as an adult. The Children’s Court must conduct an independent assessment, as outlined in Section 19 of the Juvenile Justice Act, to ensure that a juvenile’s rights are fully protected while also considering the gravity of the offense. This ruling reinforces the importance of due process in juvenile justice and ensures that juveniles are not unjustly treated as adults without a proper evaluation of their capacity and circumstances.

The court’s direction for a fresh independent evaluation ensures a just and fair trial while safeguarding the legal rights of the juvenile under the Juvenile Justice Act.

Credits: Adv. Deeksha Rai