[JJ Act] Extracting Confession From Child Is Unconstitutional, Beyond Scope Of Preliminary Assessment Report: Delhi HC

The Delhi High Court has observed that extracting confession from a child regarding the manner in which the offence was committed by him is unconstitutional and beyond the scope of a preliminary assessment report required to be prepared under the Juvenile Justice Act, 2015. This manner of seeking a confession from the child is unconstitutional and beyond the scope of a report of preliminary assessment to be prepared under Section 15 of the J.J. Act," the Bench observed. Most often, this SIR filled by the Probation Officer is also considered and pertinent at the time of preparing the preliminary assessment report under Section 15 of the J.J. Act," the Bench noted. The counsel representing National Commission for Protection of Child Rights told the court that it would require a period of three months to submit a detailed report in compliance of Supreme Court's judgement suggesting the NCPCR and State Commission for Protection of Child Rights to consider issuing guidelines to facilitate the JJBs in making the preliminary assessment.