Determining the Age:

• The Juvenile Justice Act, 2015 (JJ Act) defines a child as a person who has not yet attained the age of 18 years.
• As per the Juvenile Justice Act of 2015, juveniles aged between 16 to 18 who commit grave crimes can be tried as adults.
• Section 15 of the JJ Act requires the Board to conduct a preliminary assessment of the child's mental and physical capacity to commit the severe crime, to determine whether the child has attained or is above the age of sixteen.

Defining Heinous Offences:

• As per Section 2(33) of the JJ Act 2015, "heinous offences" are those crimes for which the Indian Penal Code , 1860, or any other law in force prescribes a minimum punishment of seven years imprisonment or more.
• An offence is considered a “heinous offence” if its minimum sentence is seven years of imprisonment or more.

The Role of the Juvenile Justice Board (JJB) and Preliminary Assessment

The primary goal of the preliminary assessment is to determine whether the minor, aged between 16 and 18, should be tried as an adult in the case of a grave offence.

• There are two key conditions that necessitate a preliminary assessment.
  • Firstly, the crime falls under the Act's classification of "heinous" offences.
  • Secondly, the minor accused of the crime is aged between 16 and 18.
• The Juvenile Justice Board (JJB) is solely responsible for conducting preliminary assessments, which must be completed within three months from the date the child was first produced before it.
• If the Board believes that the child should be tried as an adult, the case is then transferred to the Children’s Court.

The Need for a 'Serious Offences' Category in the Juvenile Justice Act, 2015:

• When a child is accused of committing a crime that does not fit neatly into one of the categories listed in the JJ Act of 2015, the legal consequences for the child should be prioritized.
• In the recent case of Shilpa Mittal v. State of NCT of Delhi (2020), the Supreme Court ruled that a crime with a minimum sentence of only seven years cannot be considered extremely serious.
• The Act, however, does not address the fourth category of offences: those with a maximum punishment exceeding 7 years in jail, but no minimum sentence or a minimum term of less than 7 years.
• Until Parliament takes a decision, these offences will be classified as “serious offences” as per the interpretation of the Act.