Facts of the Case
- A boy aged 16 years and 6 months is involved in the kidnapping and murder of a woman.
- The question arises whether the boy is punishable under criminal law, and if so, which court has jurisdiction and what punishment applies.
Issues in the Case
- Is a 16-year-old boy criminally liable for a serious offense like murder and kidnapping?
- Does the Juvenile Justice Act apply, or can he be tried as an adult?
- What is the procedure for determining trial jurisdiction and punishment in such cases?
Principles Associated with It
- According to the Juvenile Justice (Care and Protection of Children) Act, 2015, juveniles are persons below 18 years of age.
- For heinous offenses committed by juveniles aged 16 to 18 years, the Act provides for a preliminary assessment by the Juvenile Justice Board (JJB) to decide if the juvenile can be tried as an adult based on mental and physical capacity to commit such offense and the circumstances of the case.
- If the JJB decides the juvenile is not fit for adult trial, the case proceeds under the Juvenile Justice system with focus on reform and rehabilitation.
- If the JJB decides the juvenile is fit for trial as an adult, the case is transferred to the Sessions Court for trial and sentencing.
- The punishment for murder under the Indian Penal Code (IPC) includes life imprisonment or death penalty in extreme cases, applicable if tried as an adult.
- If tried as a juvenile, the maximum punishment is three years in a juvenile home or until the age of 21, whichever is earlier.
Judgement
- The boy aged 16 years 6 months can be tried as an adult only if the Juvenile Justice Board, after due assessment, decides so.
- If tried as an adult, the Sessions Court has jurisdiction to try and punish him under the IPC provisions for kidnapping and murder.
- If not tried as an adult, he will be dealt with under the juvenile justice system with emphasis on rehabilitation rather than punishment.
- Thus, punishment and court jurisdiction depend on the Juvenile Justice Board’s assessment and decision.