The preliminary assessment under Section 15 of the Act, 2015 is for the purpose of trial and does not restrict the power of the Juvenile Justice Board to consider bail applications under Section 12 of the Act, 2015.

ORDER

1. This criminal revision under Section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (in short "Act, 2015") has been filed against the order dated 24.08.2021 passed by the Principal Magistrate, Juvenile Justice Board, Morena, District Morena, by which the respondents No. 2 and 3 have been released on bail under Section 12 of the Act, 2015.

2. A solitary ground has been raised by the counsel for the applicant that since the order under challenge was passed by the Juvenile Justice Board without making preliminary assessment as required under Section 15 of the Act, 2015, therefore, the bail order is bad in law. Accordingly, by order dated 11.3.2022 the following question was framed:

"Whether Juvenile Justice Board can decide an application under Section 12 of the Act, 2015, even prior to making preliminary assessment under Section 15 of the Act, 2015 or the Board should take up the application filed under Section 12 of the Act, 2015 only after making a preliminary assessment under Section 15 of the Act, 2015."

3. It is submitted by Shri R.K. Sharma, Senior Advocate and Shri V.D. Sharma that the power under Section 12 of the Act, 2015 is independent to that of the statutory duty of the Juvenile Justice Board under Section 15 of the Act, 2015 and, therefore, there is no bar on deciding the application under Section 12 of the Act, 2015 prior to making an assessment under Section 15 of the Act, 2015.

4. The counsel for the State as well as counsel for the respondents No.2 and 3 also supported the contention raised by Shri R.K. Sharma, Senior Advocate.

5. Heard the learned counsel for the parties.

6. Sections 12, 15 and 18 of the Act, 2015 read as under:-

"12. Bail to a person who is apparently a child alleged to be in conflict with law.-(1) When any person, who is apparently a child and is alleged to have committed a bailable or non-bailable offence, is apprehended or detained by the police or appears or brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person:

Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the person's release would defeat the ends of justice, and the Board shall record the reasons for denying the bail and circumstances that led to such a decision.

(2) When such person having been apprehended is not released on bail under subsection (1) by the officer-in-charge of the police station, such officer shall cause the person to be kept only in an observation home in such manner as may be prescribed until the person can be brought before a Board.

(3) When such person is not released on bail under sub-section (1) by the Board, it shall make an order sending him to an observation home or a place of safety, as the case may be, for such period during the pendency of the inquiry regarding the person, as may be specified in the order.

(4) When a child in conflict with law is unable to fulfil the conditions of bail order within seven days of the bail order, such child shall be produced before the Board for modification of the conditions of bail."

15. Preliminary assessment into heinous offences by Board.- (1) In case of a heinous offence alleged to have been committed by a child, who has completed or is above the age of sixteen years, the Board shall conduct a preliminary assessment with regard to his 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, and may pass an order in accordance with the provisions of subsection (3) of