Avoid Hyper-technical Approach In Deciding Juvenility Claim; If Two Views Possible, Lean In Favour Of Accused : Supreme Court

Revealing a rather unpleasant truth, the Supreme Court of India on Monday lamented that once children are caught in the web of adult criminal justice system, it is difficult for them to get out of it unscathed. Going through the provisions of the Act, the Court said that as per Section 20 of the 2000 Act, in all cases where the accused was above 16 years but below 18 years of age on the date of occurrence, the proceedings pending in the Court would continue and be taken to the logical end subject to an exception that upon finding the juvenile to be guilty, the Court would not pass an order of sentence against him but the juvenile would be referred to the Board for appropriate orders under the 2000 Act. Further, referring to rule 12 of the JJ Rules, 2007, the Court observed that while conducting an inquiry about the juvenility of an accused, the Juvenile Justice Board would seek evidence by obtaining the matriculation or equivalent certificates and in the absence whereof the date of birth certificate from the school first attended and in absence whereof the birth certificate given by a corporation or a Municipal authority or a Panchayat. "Thus, Section 7A of the 2000 Act and the proviso thereto provided that a claim of juvenility might be raised before any court and it shall be recognized at any stage, even after the final disposal of the case, and such claim shall be determined in terms of the provisions contained in the 2000 Act and the Rules made 40 thereunder, even if the juvenile has ceased to be so, on or before the date of commencement of the 2000 Act." "In view of Section 7A of the 2000 Act referred to hereinabove, applicable to the writ applicant herein, the plea of juvenility could be raised in any court, at any stage even after the final disposal of the Special Leave Petition under Article 136 of the Constitution.