Introduction:

In a significant ruling, the Supreme Court emphasized the mandatory nature of conducting a preliminary assessment under the Juvenile Justice Act, 2015, before trying a child in conflict with the law (CICL). The case involved the conviction of a juvenile offender without adherence to the statutory requirements, prompting the Court to overturn the decision and underscore the importance of due process for juvenile offenders.

Arguments of Both Sides:

The petitioner, a juvenile offender, challenged his conviction, contending that the proceedings against him violated the mandatory provisions of the Juvenile Justice Act. Counsel for the petitioner argued that the charge sheet was submitted before the trial court without the requisite preliminary assessment to determine the child’s mental and physical capacity to commit the alleged offence. On the other hand, the respondents defended the trial court’s decision, asserting that the absence of a preliminary assessment did not invalidate the proceedings.

Court’s Judgment:

The Supreme Court, comprising Justices B.R. Gavai and Sandeep Mehta, sided with the petitioner, highlighting the flagrant violation of Sections 15 and 19 of the Juvenile Justice Act. The Court emphasized that the determination of whether a child should be tried as an adult or a juvenile must be based on a preliminary assessment conducted by the Juvenile Justice Board. As such, the trial court’s acceptance of the charge sheet and subsequent proceedings were deemed impermissible in the absence of a preliminary assessment. Accordingly, the Court quashed the conviction and directed the immediate release of the appellant.