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Discussion

Where, after inquiry under Section 15 of the Juvenile Justice (care and protection of children) Act, 2015, the Juvenile Justice Board is satisfied that a child above 16 years of age, has committed a heinous offence and should be tried as an adult, it may:-

  • A.Commit the case to the Sessions Court concerned for trial of the child as an adult.
  • B.Try the child as per the procedure provided in Cr.P.C.
  • C.Return the charge-sheet to the Investigating Officer for presentation in the Court concerned.
  • D.Transfer the case to the Children Court for trial of the child as an adult.

Answer: D

The Board may transfer the case to the Children Court for trial of the child as an adult.

Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015 requires a preliminary assessment of a child aged 16-18 alleged to have committed a heinous offence. If the Board concludes that the child should be tried as an adult, Section 18(3) lets it order the transfer of the trial to the Children's Court having jurisdiction to try such offences.

The Act does not use committal to a Court of Session, the Board itself does not try the child under the Code of Criminal Procedure, and there is no provision for returning the charge-sheet to the investigating officer.

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