7 .A boy of 17 years of age, as on the date of commission of offence, escaped from detention. Later he was caught by the police and produced before the Magistrate for trial. At the time of trial his age was 21 years. He was tried and convicted by the criminal court.Is it legal? Examine.

Facts of the Case

• A boy was 17 years old at the time of commission of the offence.
• He escaped from detention and was later caught by the police.
• At the time of his trial, he was 21 years old.
• The criminal court tried and convicted him as an adult.

Issues in the Case

• Is it legal to try and convict a person as an adult when the offence was committed as a juvenile?
• Should the age at the time of commission of the offence or the age at trial determine the jurisdiction?
• What are the protections under the Juvenile Justice Act for such cases?

Principles Associated with It

• According to the Juvenile Justice (Care and Protection of Children) Act, 2015, the age for juvenile status is below 18 years at the time of commission of the offence.
• The trial and sentencing depend on the age at the time the offence was committed, not the age at the time of trial or conviction.
• If the accused was a juvenile at the time of offence, he must be tried by the Juvenile Justice Board (JJB), unless the JJB decides he is fit for adult trial based on preliminary assessment (for ages 16-18 years in heinous offenses).
• If the accused turns adult during trial, he continues to be tried as a juvenile for the offence committed before turning 18, unless a valid decision was made to transfer him for adult trial.
• The criminal court trying the person as an adult without such transfer or assessment violates the Juvenile Justice Act provisions.

Judgement

• The trial and conviction of the accused as an adult is not legal if the accused was a juvenile (17 years) at the time of offence and the case was not transferred from the Juvenile Justice Board.
• The correct procedure is to refer the accused to the Juvenile Justice Board for assessment and trial.
• If the JJB had not made any transfer order, the criminal court lacked jurisdiction to try and convict the accused as an adult.
• Therefore, the conviction by the criminal court is illegal and liable to be set aside.
• The accused should be tried under the Juvenile Justice Act and sentenced accordingly.