Q. With reference to the legal framework related to juvenile justice in India, consider the following statements:
1.A preliminary assessment, to assess mental and physical capacity of a juvenile, under the Juvenile Justice Act, is not necessary if they are involved in a serious crime.
2.A juvenile who is treated as an adult, if found guilty, can get life imprisonment.
Which of the statements given above is/are correct?
Answer: B
Notes:
- Statement 1 is incorrect: Section 15 of the Juvenile Justice (Care and Protection of Children) Act of 2015 requires a “preliminary assessment” to be done of the mental and physical capacity of juveniles, aged between 16 and 18, who are involved in serious crimes. The assessment is meant to gauge a child’s ability to understand the consequences of the offence and the circumstances in which he or she allegedly committed the offence.
- Statement 2 is correct: If the Juvenile Justice Board is of the opinion that the juvenile should not be treated as an adult, it would not pass on the case to the children’s court and hear the case itself. In that case, if the child is found guilty, he would be sent to juvenile care for three years. On the other hand, if the Board decides to refer the case to the children’s court for trial as an adult, the juvenile, if guilty, would even face life imprisonment.
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