Allahabad High Court Mandates Scientific Protocol for Trying Juveniles as Adults, Overhauling JJ Act Assessments

LUCKNOW, U.P. – In a landmark judgment with far-reaching implications for juvenile justice administration in Uttar Pradesh, the Allahabad High Court has established a mandatory, science-based protocol for the preliminary assessment of minors involved in heinous offences. The decision, delivered by Justice Siddharth on October 10, 2025, quashes the practice of perfunctory evaluations and elevates the requirement for rigorous psychological testing, transforming a discretionary provision of the Juvenile Justice (Care and Protection of Children) Act, 2015, into a binding duty for Juvenile Justice Boards (JJBs) and Children's Courts.

The ruling came while allowing a criminal revision filed on behalf of Ayush Shukla, a 17.5-year-old accused in a murder case, whose transfer to the adult criminal justice system was set aside. The Court found the underlying psychological assessment to be a mere "formal compliance," lacking any scientific basis, including essential metrics like IQ (Intelligence Quotient) and EQ (Emotional Intelligence Quotient). Criticizing decisions based on "gut feeling," the High Court has now mandated a detailed framework to ensure that the life-altering decision to try a child as an adult is grounded in objective, verifiable evidence of their mental and emotional maturity.

A Scathing Rebuke of Perfunctory Assessments

The case centered on the orders of the Juvenile Justice Board, Prayagraj, and the Children’s Court, which directed that Ayush Shukla be tried as an adult for an offence under Section 302 IPC. The High Court's review revealed a profoundly flawed preliminary assessment process under Section 15 of the JJ Act. The provision requires the JJB to assess a child's "mental and physical capacity to commit such offence, ability to understand the consequences of the offence and the circumstances in which he allegedly committed the offence."

Justice Siddharth noted that the psychologist's report, which formed the basis of the transfer order, was procedurally and substantively deficient. The Court observed, “The report of the psychologist does not record any finding as to the revisionist being subjected to any kind of test... It appears that only to make formal compliance of getting report from psychologist, the report was called.”

Paradoxically, while the report described the juvenile as "immature and did not know consequences of his act," it failed to substantiate this finding with any methodology, psychological tools, or scoring. This lack of scientific rigor rendered the report legally unreliable and wholly insufficient for a decision of such magnitude.

Reinterpreting Section 15: 'May' Becomes 'Must'

A pivotal aspect of the judgment is its authoritative interpretation of the proviso to Section 15(1) of the JJ Act, which states the Board "may take the assistance of experienced psychologists or psycho-social workers or other experts." Relying heavily on the Supreme Court's precedent in Barun Chandra Thakur v. Master Bholu , the Allahabad High Court held that this discretionary language becomes mandatory in specific circumstances.

The Court declared: “Where the Board is not comprising of a practicing professional with a degree in child psychology or child psychiatry, the expression ‘may’ in the proviso to section 15(1) would operate in mandatory form.”

This interpretation closes a critical gap, preventing non-expert Board members from making complex psycho-social determinations without professional guidance. The judgment effectively establishes that a scientifically sound psychological evaluation is not an optional add-on but an indispensable prerequisite for a valid preliminary assessment, unless the Board itself possesses the requisite professional expertise. The Court warned against the prevalent practice of JJBs deciding these matters based on "mere questioning of the child," deeming it arbitrary and unlawful.

A Court-Mandated Framework in a Legislative Vacuum

Expressing concern over the absence of national guidelines from the Central Government or the National Commission for Protection of Child Rights (NCPCR)—despite directions from the Supreme Court in Master Bholu —the High Court exercised its constitutional authority to fill the void. It issued a detailed, binding protocol to govern all future preliminary assessments in Uttar Pradesh until the legislature or executive acts.

The mandatory directions include:

• Standardized Psychological Testing: Utilization of recognized and standardized tools such as the Binet Kamat Test, Vineland Social Maturity Scale (VSMS), and Bhatiya Battery Test.
• Comprehensive Reporting: The expert's report must explicitly state the child's IQ and EQ, detail the methodology and tests used, and provide clear findings on the child's capacity to commit the offence and understand its consequences.
• Mandatory Documentation: The assessment must be supported by a complete file, including the Social Investigation Report (SIR), Social Background Report (SBR), Individual Care Plan (ICP), and statements recorded by the Child Welfare Police Officer.
• Holistic Review: The JJB must consider the child's criminal history, prior interventions, educational records, and any evidence of intellectual disability or mental illness.
• Ensuring Expert Availability: In districts lacking trained psychologists, their services must be availed from other districts, as mandated by NCPCR Guideline 3.5.

The Court directed the Registrar (Compliance) to circulate the judgment to all JJBs and Children's Courts in the state within two weeks, ensuring immediate implementation. The matter of Ayush Shukla was remanded to the JJB for a fresh assessment in strict adherence to these new guidelines.

Legal News Roundup: October 2025

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