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To Be Tried as an Adult

Trial of Children as Adults - Several sources confirm that children can be tried as adults under specific conditions, particularly for heinous or grave offences. The process involves a preliminary assessment to determine whether the child should be tried as a juvenile or as an adult. If deemed fit for trial as an adult, the case is transferred to the Children’s Court or tried directly as an adult ["Mohammad Dastagir Khan alias Asif VS State of Telangana - Crimes"], ["Mohammad Dastagir Khan @ Asif vs State of Telangana - Telangana"], ["Sobhnath Bhogta @ Somnath Pradhan VS State of Jharkhand - Jharkhand"], ["Sobhnath Bhogta @ Somnath Pradhan VS State of Jharkhand - Crimes"], ["A vs State of H.P. - Himachal Pradesh"].
Legal Framework & Consequences - The 2015 Act emphasizes that children tried as adults face more severe penalties, including life imprisonment, whereas children tried as juveniles are limited to a maximum of 3 years imprisonment. Even when tried as adults, children must be kept in a place of safety and are entitled to rehabilitation services, including counseling and skill development ["Mohammad Dastagir Khan alias Asif VS State of Telangana - Crimes"], ["Mohammad Dastagir Khan @ Asif vs State of Telangana - Telangana"], ["Sobhnath Bhogta @ Somnath Pradhan VS State of Jharkhand - Jharkhand"], ["Sobhnath Bhogta @ Somnath Pradhan VS State of Jharkhand - Crimes"], ["Siddalinga S. N. @ Budda S/o Nagaraju VS State of Karnataka - Karnataka"].
Criteria for Trial as Adult - Key criteria include the child's age (typically above 16), the nature of the offence (heinous crimes), and the child's understanding of the act's consequences. The process involves a preliminary assessment under Section 15 of the Act, which guides whether the case proceeds as an adult trial. If the assessment indicates so, the case is transferred accordingly ["Sobhnath Bhogta @ Somnath Pradhan VS State of Jharkhand - Jharkhand"], ["Sobhnath Bhogta @ Somnath Pradhan VS State of Jharkhand - Crimes"], ["A vs State of H.P. - Himachal Pradesh"].
Procedural Safeguards & Rights - Even when tried as adults, juveniles retain certain rights, such as the benefit of Section 12 of the Act, which provides protections and rehabilitation opportunities. The trial procedures must adhere to statutory standards, and the child's age and status as a juvenile are not automatically nullified by the trial as an adult ["Siddalinga S. N. @ Budda S/o Nagaraju VS State of Karnataka - Karnataka"], ["XXX VS State of Haryana - Punjab and Haryana"], ["Sachin @ Suraj VS State of Haryana - Punjab and Haryana"].
Case-specific Observations - Several judgments highlight that the order to try a juvenile as an adult does not make them a 'major' or adult in law. The juvenile remains in conflict with law but is subjected to stricter treatment due to the severity of the offence. Proper assessment and adherence to procedural safeguards are crucial, and failure to conduct preliminary assessments can be grounds for legal challenge ["A vs State of H.P. - Himachal Pradesh"], ["XXX VS State of Haryana - Punjab and Haryana"], ["Sachin @ Suraj VS State of Haryana - Punjab and Haryana"].

Analysis and Conclusion

Children accused of heinous crimes may be tried as adults if they meet certain age and understanding criteria, following a preliminary assessment process mandated by the law. This process ensures that the child's maturity and the gravity of the offence are considered before transferring the case. While trial as an adult can lead to harsher penalties, juveniles retain certain rights and protections, including rehabilitation opportunities. Legal procedures emphasize that trial as an adult does not alter the juvenile's legal status as a minor, and safeguards under the Juvenile Justice Act must be observed to uphold their rights.

References:- ["Mohammad Dastagir Khan alias Asif VS State of Telangana - Crimes"]- ["Mohammad Dastagir Khan @ Asif vs State of Telangana - Telangana"]- ["Sobhnath Bhogta @ Somnath Pradhan VS State of Jharkhand - Jharkhand"]- ["Sobhnath Bhogta @ Somnath Pradhan VS State of Jharkhand - Crimes"]- ["Siddalinga S. N. @ Budda S/o Nagaraju VS State of Karnataka - Karnataka"]- ["A vs State of H.P. - Himachal Pradesh"]- ["XXX VS State of Haryana - Punjab and Haryana"]- ["Sachin @ Suraj VS State of Haryana - Punjab and Haryana"]

When Can Juveniles Be Tried as Adults in India?

In the Indian justice system, the question To be Tried as Adult often arises in cases involving young offenders, particularly those aged 16-18 accused of serious crimes. Parents, legal professionals, and the public frequently wonder: under what conditions can a juvenile be transferred from the juvenile justice system to face trial as an adult? This blog post explores the legal framework, procedures, and judicial interpretations under the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act), emphasizing that such trials are not automatic but require strict procedural safeguards. Note: This is general information and not specific legal advice. Consult a qualified lawyer for personalized guidance.

The Legal Framework: JJ Act 2015 and Key Provisions

The JJ Act 2015 marks a shift from the earlier Juvenile Justice Act, 2000, by allowing juveniles aged 16-18 accused of heinous offences to potentially be tried as adults, but only after rigorous evaluation. Section 15 mandates a preliminary assessment by the Juvenile Justice Board (JJB) for such cases. This assessment evaluates the juvenile's mental and physical capacity, ability to understand the consequences of the offence, and the circumstances surrounding it. Durga VS State of Rajasthan - 2019 0 Supreme(Raj) 3181

Section 19 further requires the Children's Court to decide post-assessment whether to try the juvenile as an adult. The word may in Section 19(1) has been interpreted as mandatory (akin to shall) to protect juvenile rights. Kailash VS State of Rajasthan - 2024 0 Supreme(Raj) 1094 Without this process, trial as an adult is invalid.

As highlighted in judicial precedents, From the scheme of Sections 14, 15 and 19 referred to above it is clear that the Legislature felt that before the juvenile is tried as an adult a very detailed study must be done and the procedure laid down has to be followed. Even if a child commits a heinous offence, he is not automatically to be tried as an adult. State of Maharashtra, Through Office-In-charge of Anti Terrorism Squad, Aurangabad Unit VS Shadab Tabarak Khan - 2022 Supreme(Bom) 561 Shilpa Mittal VS State of NCT of Delhi - 2020 1 Supreme 193

The Preliminary Assessment: A Mandatory Step

No juvenile can bypass the JJB's preliminary assessment. Key factors include:- Mental and physical capacity: Assessed often with expert input from psychologists or psycho-social experts.- Understanding of consequences: Does the juvenile comprehend the gravity of their actions?- Circumstances of the offence: Social background, peer influence, etc.

Rule 10(A) of the JJ Model Rules, 2016, reinforces this. Failure to conduct it properly leads to quashing proceedings. SUBRAMANIAN SWAMY VS RAJU THR. MEMBER JUVENILE JUSTICE BOARD - 2014 3 Supreme 220 Durga VS State of Rajasthan - 2019 0 Supreme(Raj) 3181

In one case, courts noted procedural lapses: He ought not to have been tried as an adult. Even otherwise, if he deserves to be tried as an adult, the procedure followed by the Court below to treat him as adult for the purpose of trial is not in consonance with the Act and Rules framed thereunder. Rajkumar VS State through The Inspector of Police, Vadamadurai Police Station - 2023 Supreme(Mad) 1081

Recent directives underscore the need for experts: In the absence of expert psychologist or psycho-social expert, it would not be possible to assess the mental or psychological faculty of mind of that particular juvenile objectively... this Court thus directs the State Government to... appoint a panel of at least six expert psychologist/psycho-social experts in each Commissioners Division. Radhika VS State Of U. P. - 2019 Supreme(All) 946

Judicial Interpretations and Case Law

Courts have consistently ruled against automatic adult trials based on age or offence gravity alone. The preliminary order under Section 18(3) is not final; a detailed inquiry under Section 19(1)(i) is required. Kailash VS State of Rajasthan - 2024 0 Supreme(Raj) 1094

In Durga VS State of Rajasthan - 2019 0 Supreme(Raj) 3181, the Supreme Court invalidated a trial for skipping assessment, stressing individual evaluation over rigid thresholds. Similarly, SUBRAMANIAN SWAMY VS RAJU THR. MEMBER JUVENILE JUSTICE BOARD - 2014 3 Supreme 220 invokes international standards, noting juveniles vary in emotional and intellectual maturity.

Another ruling clarifies heinous offence definition: As per Section 2(33) of J.J.Act 'heinous offences' means offences in which minimum punishment is seven years or more. Offences without this minimum are treated as serious, not triggering adult trial. State of Maharashtra, Through Office-In-charge of Anti Terrorism Squad, Aurangabad Unit VS Shadab Tabarak Khan - 2022 Supreme(Bom) 561

Bail considerations differ too. For 16-18-year-olds in heinous cases, bail under Section 12 applies even post-transfer, rejecting adult CrPC norms. Seriousness of offence alleged cannot be made a ground for rejecting bail under Act of 2015. Lalu Kumar @ Lal Babu @ Lallu VS State Of Bihar - 2019 Supreme(Pat) 665

Rule of parity doesn't apply uniformly: A 17.5-year-old near majority differs from a 13-year-old with disabilities. Abhishek Kumar Yadav VS State of U. P. - 2020 Supreme(All) 951

International Standards Reinforcing Safeguards

The UN Convention on the Rights of the Child (CRC) and Beijing Rules advocate individualized assessments, not age-based adult trials. Indian courts align with this: International conventions like the CRC and the Beijing Rules advocate for a nuanced approach, emphasizing individualized assessment rather than a fixed age threshold. SUBRAMANIAN SWAMY VS RAJU THR. MEMBER JUVENILE JUSTICE BOARD - 2014 3 Supreme 220

Exceptions, Limitations, and Practical Implications

Trial as an adult may proceed if:- Assessment confirms capacity to understand consequences. 01700075821- Procedures under Sections 15 and 19 are followed meticulously.

However:- Age alone (e.g., 16+) isn't sufficient.- No automatic transfer for heinous crimes without evaluation. Shilpa Mittal VS State of NCT of Delhi - 2020 1 Supreme 193

In practice, violations lead to acquittals or quashed proceedings. For instance, appeals may result in sentence modifications for premature release if infractions occurred. Rajkumar VS State through The Inspector of Police, Vadamadurai Police Station - 2023 Supreme(Mad) 1081

Bail remains available during assessment or post-transfer, prioritizing rehabilitation. Lalu Kumar @ Lal Babu @ Lallu VS State Of Bihar - 2019 Supreme(Pat) 665

Recommendations for Stakeholders

To uphold justice:- Strict adherence to Sections 15 and 19; seek expert opinions routinely.- Standardize assessments via guidelines.- Integrate international best practices.- Appoint more psychologists, as directed in Radhika VS State Of U. P. - 2019 Supreme(All) 946.

Legislators should clarify ambiguities, like the fourth category of offences. State of Maharashtra, Through Office-In-charge of Anti Terrorism Squad, Aurangabad Unit VS Shadab Tabarak Khan - 2022 Supreme(Bom) 561

Conclusion: Prioritizing Due Process and Rehabilitation

Juveniles can only be tried as adults after a comprehensive, documented preliminary assessment under the JJ Act 2015. Skipping safeguards violates rights and statutory intent. The focus remains on reform over punishment, ensuring maturity—not just age—guides decisions. Kailash VS State of Rajasthan - 2024 0 Supreme(Raj) 1094 SUBRAMANIAN SWAMY VS RAJU THR. MEMBER JUVENILE JUSTICE BOARD - 2014 3 Supreme 220

Key Takeaways:- Mandatory JJB assessment for 16-18-year-olds in heinous offences.- Individual capacity evaluation trumps offence gravity.- Procedural lapses invalidate adult trials.- Bail and rehabilitation principles persist.

Stay informed on evolving juvenile justice—fair processes protect society and youth alike.

#JuvenileJustice, #TriedAsAdult, #JJAct2015

United States vs Deunate Tarez Jews - 2023 Supreme(US)(ca11) 166

but shall be charged, arrested, and tried as an adult.” ... Second, even if the government thinks that Jews should have been tried as an adult under Alabama law, the fact is that he wasn’t. ... processes that do produce adult convictions. ... USCA11 Case: 22-10502 Document: 32-1 Date Filed: 07/06/2023 Page: 11 of 13 ... 22-10502 ....

Rajkumar VS State through The Inspector of Police, Vadamadurai Police Station - 2023 Supreme(Mad) 1081

He ought not to have been tried as an adult. Even otherwise, if he deserves to be tried as an adult, the procedure followed by the Court below to treat him as adult for the purpose of trial is not in consonance with the Act and Rules framed thereunder. ... accused acquiescence to be tried as an adult after his appeal to the Children's Court not considered favourable. ......

XXX VS State of Haryana - 2023 Supreme(P&H) 1771

In the present case, vide the order dated 21.09.2021, Annexure A-3, the present appellant was ordered to be tried as an adult. While referring to the Section 12 of the Act. ... No doubt, the appellant/CCL was directed to be tried like an adult, but still he remains a juvenile in conflict with law and can never be denied the benefit of Section 12 of the “Act”. ... Even when a child is sent up for trial as an ....

Sachin @ Suraj VS State of Haryana - 2023 Supreme(P&H) 182

In the present case, vide the order dated 21.09.2021, Annexure A-3, the present appellant was ordered to be tried as an adult. ... The question that arises for determination is, whether on being tried as an adult, is the juvenile denuded of statutory right available to him under Section 12 of the Act. However, the said question is no more res integra and has been deliberated upon by several High Courts. ... No doubt, the a....

State of Maharashtra, Through Office-In-charge of Anti Terrorism Squad, Aurangabad Unit VS Shadab Tabarak Khan - 2022 Supreme(Bom) 561

From the scheme of Sections 14, 15 and 19 referred to above it is clear that the Legislature felt that before the juvenile is tried as an adult a very detailed study must be done and the procedure laid down has to be followed. Even if a child commits a heinous crime, he is not automatically to be tried as an adult. This also clearly indicates that the meaning of the words “heinous offence” cannot be expanded by removing the word “minimum” from the definition.

Abhishek Kumar Yadav VS State of U. P. - 2020 Supreme(All) 951

A juvenile offender, particularly, above the age of 16 years about whom the Act now makes distinction, is sometimes to be tried as an adult, if he has the ability to understand the consequences of the offence and is capable of committing the offence. One of them is certainly the gravity of the offence. That apart, where the statute disentitles a child in conflict with law to bail on the ground that his release would lead to ends of justice being defeated, it requires the Cour....

Shilpa Mittal VS State of NCT of Delhi - 2020 1 Supreme 193

From the scheme of Section 14, 15 and 19 referred to above it is clear that the Legislature felt that before the juvenile is tried as an adult a very detailed study must be done and the procedure laid down has to be followed. Even if a child commits a heinous crime, he is not automatically to be tried as an adult. This also clearly indicates that the meaning of the words ‘heinous offence’ cannot be expanded by removing the word ‘minimum’ from the definition.

Lalu Kumar @ Lal Babu @ Lallu VS State Of Bihar - 2019 Supreme(Pat) 665

Thus, in their case, the principles mentioned in Section 3 of the Act of 2015 would not be applicable. As per changes brought in the Act of 2015, children between age group of 16 to 18 can now be tried as an adult for 'heinous offences'. Their bail application has to be differently dealt with and based on the outcome of the trial, children falling between the aforesaid age group have to be sentenced accordingly.

Radhika VS State Of U. P. - 2019 Supreme(All) 946

In July 2014, Minister of Women and Child Development Department, Union of India has admitted at the floor of the Parliament House that the new enactment is on the cards whereby the delinquent juveniles under the age of 16-18 years are proposed to be tried as an adult. Thus, to plug the loop holes of the earlier enactment of 2000 and to segregate the offenders, who are in between 16-18 years shall be tried to be adult, taking into account their level of understandin....