Case Note & Summary
The petitioners, three juveniles aged about 17 years, were charged with attempt to murder under Section 307 of the Indian Penal Code, 1860. The Juvenile Justice Board, Sangli, referred them to a psychologist for assessment under Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2000. Based on the assessment report, the Board found that the children had sufficient mental and physical capacity to commit the crime and were aware of the consequences, and transferred the matter to the Children's Court under Section 18(3) of the Act. The petitioners challenged this transfer, arguing that since they had not committed a heinous offence, they could not be transferred to the Children's Court. The High Court examined the definition of 'heinous offence' under the Act and noted that attempt to murder under Section 307 IPC is not classified as a heinous offence. The court held that the Board's preliminary assessment under Section 15 is only for determining whether the offence is heinous, and if it is not, the Board cannot transfer the child to the Children's Court. The court quashed the impugned orders and remanded the matter to the Board for fresh consideration in accordance with law.
Headnote
A) Juvenile Justice - Transfer to Children's Court - Section 18(3) of Juvenile Justice (Care and Protection of Children) Act, 2000 - Preliminary Assessment - The issue was whether a child alleged to have committed a non-heinous offence (attempt to murder under Section 307 IPC) can be transferred to Children's Court. The court held that the Juvenile Justice Board must first conduct a preliminary assessment under Section 15 to determine if the offence is heinous. Since the offence of attempt to murder is not a heinous offence under the Act, the Board cannot transfer the child to Children's Court. The impugned orders were quashed and the matter remanded for fresh consideration. (Paras 3-12)
Issue of Consideration
Whether a child who has not committed a heinous offence can be transferred to Children's Court under Section 18(3) of the Juvenile Justice (Care and Protection of Children) Act, 2000?
Final Decision
The court allowed the petition, quashed the impugned orders dated 19 January 2018 and 13 July 2018 passed by the Juvenile Justice Board, Sangli, and remanded the matter to the Board for fresh consideration in accordance with law.
Law Points
- Juvenile Justice (Care and Protection of Children) Act
- 2000
- Section 15
- Section 18(3)
- Section 19
- Heinous Offence
- Preliminary Assessment
- Transfer to Children's Court
Case Details
2018 LawText (BOM) (12) 87
Criminal Writ Petition No. 4044 of 2018
Satyavrat Joshi for the Petitioners, Yogesh Y. Dabke, APP for the Respondent-State
Saurabh Jalinder Nangre, Vijay Mansingh Nangre, Kunal Namdeo Nangre
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Nature of Litigation
Criminal writ petition challenging orders of Juvenile Justice Board transferring juveniles to Children's Court.
Remedy Sought
Petitioners sought quashing of orders dated 19 January 2018 and 13 July 2018 passed by Juvenile Justice Board, Sangli, transferring them to Children's Court.
Filing Reason
The Juvenile Justice Board transferred the petitioners, who were juveniles, to Children's Court under Section 18(3) of the Juvenile Justice Act, 2000, despite the offence not being heinous.
Previous Decisions
Juvenile Justice Board, Sangli, passed orders on 19 January 2018 and 13 July 2018 referring the petitioners to a psychologist and subsequently transferring them to Children's Court.
Issues
Whether a child who has not committed a heinous offence can be transferred to Children's Court under Section 18(3) of the Juvenile Justice (Care and Protection of Children) Act, 2000?
Submissions/Arguments
Petitioners argued that being children, if they have not committed a heinous crime, they must be tried by the Juvenile Justice Board, not the Children's Court, and transfer would cause prejudice under Section 19 of the Act.
Respondent-State submitted to the orders of the court.
Ratio Decidendi
Under Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2000, the preliminary assessment is only to determine whether the offence is heinous. If the offence is not heinous, the Juvenile Justice Board cannot transfer the child to the Children's Court under Section 18(3). The offence of attempt to murder under Section 307 IPC is not a heinous offence under the Act.
Judgment Excerpts
Whether a child, who has not committed heinous offence can be transferred to Children's Court?
Under section 15 of the said Act, preliminary assessment in respect of offence whether is heinous, is to be made by the Board.
Procedural History
The Juvenile Justice Board, Sangli, passed an order on 19 January 2018 referring the petitioners to a psychologist for assessment under Section 15 of the Juvenile Justice Act, 2000. Subsequently, on 13 July 2018, the Board transferred the matter to the Children's Court under Section 18(3) of the Act. The petitioners challenged both orders by filing Criminal Writ Petition No. 4044 of 2018 in the Bombay High Court.
Acts & Sections
- Juvenile Justice (Care and Protection of Children) Act, 2000: 2(12), 15, 18(3), 19
- Indian Penal Code, 1860: 307
