Mohit Singh, Indore Institute of Law//
The children who think to do anything what they want whether the act is good or bad because they are minor and have right to move free. Now, they should understood that the Juvenile Justice (Care and Protection of Children) Act, 2015 has been passed for fulfilling their needs through proper care, protection, development, treatment, social re-integration, by adopting a child friendly approach in the adjudication and disposal of matters in the best interest of children but there is also certain provision given named as heinous offenses to dealing with minor as an adult.
As per Section 2(12) of the JJ Act, child means who has not complete eighteen years of age. The children who commit the pity offences are treated under the Juvenile Justice (Care and Protection of Children) Act, 2015 because Section 3(1) of the JJ Act provides that “any child shall be presumed to be an innocent of any malafide or criminal intent up to the age of eighteen years” but in the case of heinous offences the situation is different in toto.
If any child commit the heinous offence (Heinous offences includes the offences for which the minimum punishment under the Indian Penal Code or any other law for the time being enforce is imprisonment for seven years or more as per Section 2(33), shall be treated under the penal laws because there the gravity of offence is higher than any other offences (pretty or serious offences).
The Juvenile Justice board doing after preliminary assessment with regard to his mental and physical capacity to commit such offences, ability to understand to consequences of the offence and circumstances in which he allegedly committed offence under Sec. 15(1) pass an order that there is a need for trial of the child as an adult.
A latest Hit and Run case in which a teenager( age 16-18 years) who killed a marketing executive Siddharth Sharma, while driving his father’s Mercedes will be tried as an adult. Herein case, the circumstances shows the teenager was mature enough to understand the consequences of his act held by the Juvenile Justice Board. Charges against accused by the police are Sec. 304 (Culpable Homicide not amounting to murder), Sec. 279 (driving on public way so rashly or negligently as to endanger human life) and Sec. 337 (causing hurt by an act which endanger to human life).
Finally, the Juvenile Justice Board accept the contention of the prosecutor that the offence comes under the definition of “Heinous Crime” so this case should be transferred to the trial court and the minor (accused ) should be treated as an adult as per Sec. 18(3) of the Juvenile Justice(Care and Protection of Children) Act,2015.