
Preliminary Assessment Of Mental & Physical Capacity Of Juvenile To Commit Heinous Offence Must Be Concluded Expeditiously: Delhi High Court
Live LawThe Delhi High Court has ruled that every preliminary assessment under section 15 of the Juvenile Justice Act in relation to heinous offences committed by a juvenile must be initiated and concluded expeditiously in terms of section 14 of the Act. The court added: “…every preliminary assessment under Section 15 of JJ Act in relation to heinous offences must be initiated and concluded expeditiously as per terms of Section 14, and as per requirements as mentioned in the JJ Act and the Rules.” As per Section 15 of the Act, a Juvenile Justice Board is required to make a preliminary assessment regarding the juvenile's mental and physical capacity to commit an offence and the ability to understand its consequences along with the circumstances under which allegedly the offence was committed. “Thus, in view of the aforesaid discussion, this Court reaches a conclusion that the time period prescribed under Section 14 for the completion of preliminary assessment in relation to heinous offences cannot be held to be mandatory in nature, in a hyper-technical manner, so as to disregard and negate the decision arrived at by the JJ Board after the expiry of prescribed time period in every case,” the court said. It added that absence of a provision that specifies a maximum time frame for concluding the preliminary assessment or the lapse of proceedings due to failure to complete it within the designated period should not be interpreted as allowing an “unreasonable prolongation of the preliminary assessment of a juvenile.” “Whether the delay in conclusion of preliminary assessment by the JJ Board is reasonable or not, or whether the same has caused any prejudice to the juvenile, or whether such a delay defeats the aim and object of the legislation so as to vitiate the entire trial, or whether permission for extension of time to conclude preliminary assessment is obtained from the Court concerned, will have to be examined by the Courts in the given set of facts and circumstances of a case,” the court said.
History of this topic

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