Assessing if a child should be tried as an adult for a serious crime is a ‘delicate task’: SC

Source: The post is based on the article “Assessing if a child should be tried as an adult for a serious crime is a ‘delicate task’: SC” published in The Hindu on 14th July 2022

What is the News?

The Supreme Court has said that the task of deciding whether juveniles (between 16 and 18) accused of heinous offences such as murder can be tried like adults should be based on meticulous psychological investigation rather than be left to the discretion of juvenile justice boards and children’s courts across the country.

How is the assessment done of juveniles aged between 16 and 18 years who are accused of heinous crimes?

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.

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.

What are the court’s observations on this preliminary assessment of juveniles?

The Supreme Court discovered that there were neither guidelines nor a specific framework in place for the conduct of the preliminary assessment.

The court observed that the board which conducts the assessment of the child should have at least one child psychologist. It should further take the assistance of experienced psychologists or psycho­social workers.