Kerala High Court Ruling
The Kerala High Court ruled that a Children’s Court must conduct an independent inquiry before trying a child as an adult, even if the Juvenile Justice Board (JJB) has already ordered so. The decision aligns with the Supreme Court’s ruling in Child in Conflict with Law through his Mother v State of Karnataka (2024), which emphasized the mandatory nature of this inquiry.
Juvenile Justice Act and Trial as an Adult
Under the Juvenile Justice (Care and Protection of Children) Act, 2015, children aged 16 to 18 accused of heinous crimes may be tried as adults. The JJB first conducts a preliminary assessment of the child’s mental and physical capacity. They would understand the crime, and surrounding circumstances. If the JJB decides that the child should be tried as an adult, the case is transferred to the Children’s Court.
Children’s Court Inquiry is Mandatory
Section 19 of the Act states that the Children’s Court “may” decide whether to try the child as an adult. However, the Kerala High Court clarified that “may” should be interpreted as “shall.” The Children’s Court must conduct an inquiry, considering the child’s needs and ensuring a fair trial. The Court cannot automatically accept the JJB’s decision.
Case Details
A 16-year-old petitioner faced charges under IPC Sections 354 (assault with intent to outrage modesty), 451 (house trespass), 342 (wrongful confinement), 506 (criminal intimidation), 376(3) (rape on a minor), and 376(2)(n) (repeated rape), along with provisions of the POCSO Act. The JJB ordered that he be tried as an adult and transferred the case to the Children’s Court.
The petitioner challenged this order, arguing that if he appealed under Section 101(2) of the Act, he would lose the right to an inquiry by the Children’s Court. The High Court rejected this argument, citing the Supreme Court’s clarification. The Children’s Court and Sessions Court are the same. Wherever a Children’s Court exists, it should be the preferred forum.
Expert Assistance Required in Appeals
The High Court ruled that the Children’s Court must seek assistance from psychologists or medical specialists not involved in the Juvenile Justice Board’s assessment when hearing an appeal against a JJB order. This ensures an impartial review of the child’s mental and emotional state.
Board’s Procedure Validated
The petitioner argued that the JJB’s order was void since it lacked input from expert psychologists or relatable social workers. The Court rejected this claim, noting that the JJB relied on a Social Investigation Report. They relied on a Counseling Report, and a personal assessment.
If the Juvenile Justice Board (JJB) decides to try a child as an adult. It transfers the case to the Children’s Court.
Petition Dismissed
Based on these findings, the Kerala High Court dismissed the petition. The Children’s Courts must conduct a fresh inquiry before trying a child as an adult.
