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HIGH COURT OF DELHI
MR. JUSTICE ANISH DAYAL, J
CCL K – Appellant
Versus
STATE NCT OF DELHI – Respondent
JUDGMENT :
ANISH DAYAL, J.
| INDEX | |
| I. | PROCEEDINGS BEFORE THIS COURT |
| II. | FACTUAL BACKGROUND |
| III. | SUBMISSIONS ON BEHALF OF PETITIONER |
| IV. | SUBMISSIONS ON BEHALF OF STATE |
| V. | ANALYSIS |
| A. RELEVANT STATUTORY PROVISIONS | |
| B. PROCEDURE UNDER JJ ACT, 2015 | |
| C. DEFINITION OF ‘CHILD’ | |
| D. JUDICIAL PRECEDENTS CITED: RELEVANT EXTRACTS | |
| E. SECTION 23 OF JJ ACT: A DISSECTION | |
| F. ‘AS AN ADULT’ v ‘WITH AN ADULT’ | |
| VI. | CONCLUSION |
I. Proceedings before this Court
1. Whether trial proceedings of a ‘child’ alleged to be in conflict with law and a person ‘not a child’ i.e. an adult, could be held jointly, after a preliminary assessment of Juvenile Justice Board (‘JJB’ declaring the ‘child in conflict with law’ (‘CCL’) to be psychologically and physically mature, is the question that has come up for consideration before this Court in this petition.
2. The present revision petition has been filed by the petitioner (CCL) to set aside order dated 23rd May 2022 (‘impugned order’) passed by the Trial Court, ASJ-6, West, Tis Hazari Courts, Delhi dismissing the application of the petitioner under Section 23 of Juvenile Justice (Care and Protection of Children) Act, 2015 (‘JJ Act’) whereby the petitioner sought to stop the ongoing joint proc
The Juvenile Justice Act mandates separate trials for children in conflict with law and adults, emphasizing the child's rights and the need for a child-friendly judicial process.
Proper procedures must be followed in determining the age and maturity of a Child in Conflict with Law to ensure fair trial under the Juvenile Justice Act.
The proceedings against a Child in Conflict with Law must comply strictly with statutory inquiry requirements for fair trial rights, or they may be quashed due to procedural violations.
The lack of compliance with mandatory procedural safeguards in juvenile trials invalidates the conviction, necessitating adherence to due process under the Juvenile Justice Act.
Procedure provided under Sections 15 and 19 of Juvenile Justice (Care and Protection of Children) Act, 2015 has been held to be mandatory.
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.
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