CHILD IN CONFLICT WITH LAW THROUGH HIS MOTHER VERSUS THE STATE OF KARNATAKA AND ANOTHER CITATION: 2024 (SC) 353
Facts: The case involves a Child in Conflict with Law (CCL) accused of crimes under Sections 376(i), 342 of the Indian Penal Code, and Sections 4, 5, 6, 7, and 8 of the Protection of Children from Sexual Offences Act, 2012. After his arrest on 03.11.2021, the CCL was produced before the Juvenile Justice Board and granted bail on 09.11.2021. Post-investigation, the Board had to determine whether the CCL should be tried as a juvenile or as an adult by the Children’s Court. On 05.04.2022, the Principal Magistrate of the Board decided, based on preliminary and social investigation reports, that the CCL should be tried as an adult. However, a Member of the Board recorded a dissenting view and indicated he would issue a detailed order. The matter was adjourned to 12.04.2022, and without the Principal Magistrate, the Board concluded that the CCL should be tried as a juvenile. The complainant, the mother of the victim, later filed an application under Section 19 of the Juvenile Justice (Care and Protection of Children) Act, 2015, seeking to transfer the matter to the Children’s Court, which the Board dismissed.
Issue: Whether the three-month time limit for preliminary assessment of a juvenile under Section 14(3) of the Juvenile Justice (Care & Protection) Act, 2015, is mandatory or directory.
Observation: The Supreme Court held that the three-month time limit specified under Section 14(3) of the Act for preliminary assessment is directory, not mandatory. The Court reasoned that in the absence of consequences for failing to adhere to the time limit, it should be considered as directory. Section 14(3) mandates that the preliminary assessment in cases of heinous offences be concluded within three months from the child’s first production before the Board, while Section 15(1) requires the Board to assess the child’s mental and physical capacity to commit the offence and their understanding of the consequences of the alleged offence.
