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HIGH COURT OF CHHATTISGARH AT BILASPUR
Shri Justice Narendra Kumar Vyas, J
Advit Agrawal – Appellant
Versus
State Of Chhattisgarh – Respondent
CRR No. 66 of 2024
(A) Juvenile Justice (Care and Protection of Children) Act, 2015 - Sections 15, 18, 101 - The court addressed the legality of transferring a juvenile case to the Children’s Court based on preliminary assessments of mental capacity and understanding of consequences. The JJB's failure to conduct a thorough assessment led to the appeal. (Paras 1, 12, 15)
(B) Preliminary Assessment - The court emphasized the necessity of a meticulous psychological evaluation for juveniles in conflict with law, highlighting that the assessment must consider the child's mental capacity and understanding of the offense. (Paras 12, 15)
(C) Jurisdiction - The court reiterated that the Children’s Court must ensure compliance with statutory requirements when determining whether a juvenile should be tried as an adult. (Paras 15, 16)
Facts of the case:
The petitioner challenged the Children Court's order that quashed the JJB's decision to try a juvenile as an adult, arguing that the JJB did not adequately assess the juvenile's mental capacity or understanding of the offense.
Findings of Court:
The court found that the JJB's assessment was inadequate and remitted the matter back for a fresh preliminary assessment in accordance with the law.
Issues: The main issues included whether the JJB conducted a proper preliminary assessment and if the Children’s Court erred in its decision to quash the JJB's order.
Ratio Decidendi: The court held that the JJB's failure to conduct a thorough assessment of the juvenile's mental capacity and understanding of the offense constituted a legal error, necessitating a remand for proper evaluation.
Result: The order of the Children’s Court was set aside, and the matter was remitted back to the JJB for a fresh assessment.
Order :
(Narendra Kumar Vyas, J.)
1. The applicant has filed the present criminal revision under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (in short “Act of 2015”) challenging the order dated 23.08.2023 (Annexure P/1) passed by the learned Children Court/Additional Sessions Judge, Fast Track Special Court (POCSO Act), Raigarh (C.G.) in Criminal Appeal No. 74/2023 by which the learned Additional Sessions Judge has set aside the order dated 11.07.2023 (Annexure P/2) passed by the Juvenile Justice Board (in short JJB), Raigarh (C.G.) in Juvenile Case No. 144/2021 arising out of Crime No. 454/2021 registered before Police Station - Chakrdhar Nagar, Raigarh (C.G.) and directed the JJB to proceed further in the matter of respondent No. 2 child in conflict with law and also directed to appear before the JJB on 15.09.2023.
2. Brief facts of the case are that the complainant/victim has lodged FIR bearing Crime No. 454/2021 registered before the Police Station- Chakradhar Nagar, Raigarh for offence punishable under Sections 341, 354-Α, 397, 506/34 of IPC and 25/27 of Arms Act. It is the case of the prosecution that the complainant has lodged a written complaint alleging that on 07.08.2021 at about 05:40 in the evening when he was returning from office of his father in Activa and he has taken his friend to temple and while returning at about 07:15 PM four persons have appeared before him and stopped the vehicle started threatening to kill, they are having knife, axe and rod, looted watch, chain, rings, purse, mobile phone of his friend, Rs. 1 Lakh and also used obscene words with intention to outrage the modesty of his friend which has necessitated him to lodge a report and after investigation the memorandum of respondent No. 2 was taken and police arrested the applicant and he was sent to judicial remand. On 06.08.2021 the TI Parade was conducted and after investigation charge-sheet was produced before the JJB.
3. The JJB as per Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015 has prepared the preliminary assessment as he was involved in the henius offence. The JJB vide order dated 11.07.2023 has recorded its finding that considering the circumstances it is quite vivid that the respondent No. 2 is liable to be tried as adult and accordingly it has transferred the criminal case to the Children’s Court having jurisdiction to try such offence as per the Section 18(3) of the Act of 2015.
4. Being aggrieved with this order the father of the respondent No. 2 preferred an appeal under Section 101(2) of Act of 2015 (Annexure P/8) mainly contending that the learned JJB while passing the order on preliminary assessment has not taken into consideration that the age of the accused is below 18 years and charge-sheet was submitted before the JJB, as such there was no reason for transferring the case to the Children’s Court. It has also been contended that while deciding the point No. 3 to 5, the learned JJB has taken into consideration the psychological report, but the said report has not been given by any psychological expert. It has also been contended that if report is minutely examined, it would be clear that no specific finding regarding capability to understand the circumstances and consequence of the offence has been given thus there is no justification for the JJB to transfer the case to Children’s Court under Section 18(3) of the Act of 2015 and would pray for allowing the appeal.
5. Being aggrieved with this order the applicant has preferred present criminal revision under Section 102 of Act of 2015 mainly contending that the finding recorded by the learned Children Court regarding the proper medical/psychological examination of the juvenile is perverse as the juveniles were interacted/examined by a team of five medical professionals and they have reached to a conclusion that the juveniles had the mental and physical capacity to commit the alleged offence and they had the ability
The court emphasized the necessity of thorough psychological evaluations for juveniles in conflict with law, asserting that inadequate assessments violate statutory requirements under the Juvenile Ju....
The court emphasized the necessity for comprehensive assessment of a juvenile's understanding of the consequences of alleged offences, mandating multiple expert evaluations under the Juvenile Justice....
Preliminary assessment of juvenile in conflict with law – Lack of experience coupled with child’s limited ability to deeply understand long-term consequences of their actions can lead to impulsive / ....
The court affirmed that the Board's reliance on social and counseling reports satisfied statutory requirements for trying a child as an adult under the Juvenile Justice Act.
The court emphasized the necessity of providing a child in conflict with law access to assessment reports to ensure compliance with principles of natural justice under the Juvenile Justice Act.
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