- (1.) This criminal revision under Section 102 of the Juvenile Justice (Care and Protection of Children) Act , 2015 has been preferred with delay of 29 days against the judgment and order dated 1st October, 2019 passed by the Special Judge, POCSO Act/Additional Sessions Judge, Court No. 8, Barabanki in Criminal Appeal No.56 of 2018 preferred under Section 101 of the Juvenile Justice (Care and Protection of Children) Act , 2015 (hereinafter referred to as the 'Act, 2015') against the order dated 24th September, 2018 passed by the Juvenile Justice Board, Barabanki (hereinafter referred to as the 'Board') under Section 15 read with Section 18 of the Act, 2015.
(2.) The Board, after assessing the accused-revisionist's mental and physical condition, regarding his understanding of crime which he has allegedly committed, has directed his trial to be conducted as an 'adult'.
(3.) Admittedly, the accused-revisionist was 17 years, 7 months and 29 days old on the date of commission of the alleged offence. The accused-revisionist was 4 months short from attending the age of majority i.e. 18 years. The appellate Court has dismissed the appeal and affirmed the judgment and order passed by the Board. Section 15 of the Act, 2015 provides as under:- "15. Preliminary assessment into heinous offences by Board. 1. In case of a heinous offence alleged to have been committed by a child, who has completed or is above the age of sixteen years, the Board shall conduct a preliminary assessment with regard to his mental and physical capacity to commit such offence, ability to understand the consequences of the offence and the circumustances in which he allegedly committed the offence, and may pass an order in accordance with the provisions of sub-section (3) of section 18 : Provided that for such an assessment, the Board may take the assistance of experienced psychologists or psycho-social workers or other experts. Explanation.--For the purposes of this section, it is clarified that preliminary assessment is not a trial, but is to assess the capacity of such child to commit and understand the consequences of the alleged offence. 2. Where the Board is satisfied on preliminary assessment that the matter should be disposed of by the Board, then the Board shall follow the procedure, as far as may be, for trial in summons case under the Code of Criminal Procedure, 1973: Provided that the order of the Board to dispose of the matter shall be appealable under sub-section (2) of section 101 : Provided further that the assessment under this section shall be completed within the period specified in section 14 ." Thus, it is the duty of the Board to conduct a preliminary assessment with regard to mental and physical capacity of an accused, who has attained the age of 16 years, but not a major at the time of commission of such offence, regarding his ability to understand the consequence of the offence and circumstances in which he allegedly committed the offence, and if the Board is of the opinion that the juvenile understands the consequence and nature of the offence, and his physical and mental capacity was as such at the time of commission of the offence, the Board may order for his trial as 'adult' under Section 18 of the Act, 2015. Section 18 of the Act, 2015 reads as under:- "18. Orders regarding child found to be in conflict with law. 1. Where a Board is satisfied on inquiry that a child irrespective of age has committed a petty offence, or a serious offence, or a child below the age of sixteen years has committed a heinous offence, then, notwithstanding anything contrary contained in any other law for the time being in force, and based on the nature of offence, specific need for supervision or intervention, circumstances as brought out in the social investigation report and past conduct of the child, the Board may, if it so thinks fit,-- a. allow the child to go home after advice or admonition by following appropriate inquiry and counselling to such child and to his parents or the guardian; b. direct the child to participate in group counselling and similar activities; c. order the child to perform community service under the supervision of an organisation or institution, or a specified person, persons or group of persons identified by the Board; d. order the child or parents or the guardian of the child to pay fine: Provided that, in case the child is working, it may be ensured that the provisions of any labour law for the time being in force are not violated; e. direct the child to be released on probation of good conduct and placed under the care of any parent, guardian or fit person, on such parent, guardian or fit person executing a bond, with or without surety, as the Board may require, for the good behaviour and child's well-being for any period not exceeding three years; f. direct the child to be released on probation of good conduct and placed under the care and supervision of any fit facility for ensuring the good behaviour and child's well-being for any period not exceeding three years; g. direct the child to be sent to a special home, for such period, not exceeding three years, as it thinks fit, for providing reformative services including education, skill development, counselling, behaviour modification therapy, and psychiatric support during the period of stay in the special home: Provided that if the conduct and behaviour of the child has been such that, it would not be in the child's interest, or in the interest of other children housed in a special home, the Board may send such child to the place of safety. 2. If an order is passed under clauses (a) to (g) of sub-section (1), the Board may, in addition pass orders to-- i. attend school; or ii. attend a vocational training centre; or iii. attend a therapeutic centre; or iv. prohibit the child from visiting, frequenting or v. undergo a de-addiction programme. 3. Where the Board after preliminary assessment under section 15 pass an order that there is a need for trial of the said child as an adult, then the Board may order transfer of the trial of the case to the Children's Court having jurisdiction to try such offences." ;