Can session court try 17 year old on transfer from juvenile board

552 votes

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.

Advocate Anas Tanwir Siddiqi LawRato

563 votes

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.

Advocate Ganesh Singh LawRato

734 votes

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

Advocate Navin Thakur LawRato