Can session court try 17 year old on transfer from juvenile board
17-Jan-2023 (In Criminal Law)
Can the sessions court try a 17 years old juvenile on transferring the case to it by the juvenile justice board, where he is charged with section 304 and 326 of IPC by the sessions court?
As per the new amendment he can be tried by the Children's Court which may be a sessions court after preliminary assessment by JJB as per Sec. 15 of the new Act. However, the new Act is going to challenged by me within 2-3 days and there is high likelihood of stay being granted therefore the transfer of case to JJB will take some time. Also it will not have any retrospective effect.
Though the child below 18 years of age should be tried by juvenile justice board, the recent changes in law says the trail as adult persons only in heinous offences. So, since the offences under section 304 and 326 are of heinous in nature, the child can be tried by as an adult and not by juvenile justice board.
According to the new amendment in the Juvenile Justice (care & Protection of Children) Act, any person after the age of 16 years can be tried as an adult if he has committed an offence punishable for more than seven years in Indian Penal Code, but for trying such person as an adult the Juvenile Justice Board must make a decision to try such person in accordance with the new amended law on the basis of the ability of the person to understand the nature of the crime and after duly certification of the person from a psychologists to that effect. Moreover, the offence under section 304 is triable by the Session Court only and hence there is no problem if the above criteria has been fulfilled. Thanks
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Criminal lawyers for your specific legal issue
No Comments! Be the first one to comment.
- Dean Academics of my college threaten me and my friends to stop degree
- Draft Of Writ Petition For SUPREME COURT is Ready With Me
- case status :-- disposed , nature of disposal:- uncontested disposed
- Withdrawal if NCR registered against me. Police is not responding to t
- Sexual abuse and psychological trauma
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."