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ANOOP CHITKARA
Bholu, a Juvinile in conflict with law – Appellant
Versus
Central Bureau of Investigation – Respondent
| Table of Content |
|---|
| 1. overview of the juvenile's history and legal challenges. (Para 1 , 2) |
| 2. supreme court's acceptance of high court's remand decision. (Para 3) |
| 3. juvenile justice board's findings on mental capacity. (Para 4) |
| 4. clinical assessments demonstrate juvenile's mental fitness. (Para 5 , 6 , 7) |
| 5. juvenile justice board’s compliance with supreme court's directions. (Para 8 , 9 , 10) |
| 6. board's legal obligation to assess juvenile's capacity. (Para 11 , 12) |
| 7. court’s reaffirmation of the legality of the board's order. (Para 13 , 14) |
| 8. final dismissal of the criminal revision petition. (Para 15) |
JUDGMENT
Mr. Anoop Chitkara, J.
| Criminal Case before Sessions Court | RC-8(S) SC-3 CBI,Lodhi Road, New Delhi, Under Section 302 IPC |
Earlier
| FIR No. | Dated | Police Station | Section |
| 250 | 08.09.2017 | Bhondsi, Gurugram | 302 IPC, 34 IPC & 25,54,59 of Arms Act, 1959 Section 12 POCSO Act, Sections 75 JJ Act |
Aggrieved by the order dated 17.10.2022 passed by the Principal Magistrate, Juvenile Justice Board, Gurugram treating the child-in-conflict with law (for short, 'CCL') (Master Bholu as an adult) and recommending the transfer of the trial under section 18(3) of the
The legal framework under the Juvenile Justice Act emphasizes the importance of thorough assessments, including medical and psychological evaluations, in determining a juvenile's capacity to understa....
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....
Mandatory inquiries under the Juvenile Justice Act must be conducted to assess a child's capacity to commit an offence; failure to do so renders the trial invalid.
Procedure provided under Sections 15 and 19 of Juvenile Justice (Care and Protection of Children) Act, 2015 has been held to be mandatory.
Proper independent assessments under the Juvenile Justice Act are mandatory before a child can be tried as an adult for heinous crimes to ensure a just trial.
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