01Facts
The Appellant, aged 16.5 years at the time of the incident on 21.10.2018, was accused of murdering one Mandeep Kumar by striking him with an iron pipe
¶ 2.1, 2.5Following an investigation, the Juvenile Justice Board (JJB) conducted a preliminary assessment under Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015, and opined that the Appellant had the capacity to be tried as an adult
¶ 2.5The JJB committed the matter to the Children’s Court (Additional Sessions Judge, Kaithal) under Section 18(3) of the Act
¶ 2.5The Children’s Court proceeded with a Sessions trial without recording a specific order under Section 19(1), subsequently convicting the Appellant under Section 302 IPC and sentencing him to 14 years of rigorous imprisonment
¶ 2.6, 5The High Court of Punjab and Haryana affirmed the conviction
¶ 2.702Issues
i.1. Whether the conviction and sentence imposed by the Children’s Court can be sustained in the absence of a mandatory order under Section 19(1) of the JJ Act, 2015?
¶ 603Law Applied
The court primarily applied Section 19(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015, which stipulates that upon receiving a preliminary assessment, the Children’s Court must decide whether to try the child as an adult or an inquiry as a Board
¶ 7Rule 13 of the Juvenile Justice Model Rules, 2016, which mandates recording reasons for such a decision
¶ 10.4The word "may" in Section 19(1) must be read as "shall"; Ajeet Gurjar v. State of Madhya Pradesh (2023) 15 SCC 678
¶ 10.6Non-compliance with these mandatory procedures vitiates the entire trial; Thirumoorthy v. State (2024) 12 SCC 307
¶ 11, 12Provisions in the judgment · 20 · Linked ones open on LawLens
Indian Penal Code, 1860 Section 148Section 149Section 302Section 323Section 341
Code of Criminal Procedure, 1973 Section 161
Juvenile Justice (Care and Protection of Children) Act, 2015. 14 provisions
Section 2Section 4Section 8Section 9Section 10Section 14Section 15Section 17Section 18Section 19Section 21Section 24Section 101Section 10204Reasoning
The Court reasoned that Section 19(1) is not a mere procedural formality but a substantive requirement that determines the jurisdiction and the nature of the trial
¶ 10.3.1, 10.4.1If a Children’s Court decides to try a child as an adult, it follows a Sessions trial; otherwise, it must conduct an inquiry as a Board following summons case procedures
¶ 10.4.2In this case, the Children’s Court bypassed the mandatory evaluative step of passing a reasoned order under Section 19(1) before commencing the trial
¶ 5This omission struck at the root of the protective framework of the Act, as it risked subjecting a child to adult penalties (exceeding three years) without the statutory satisfaction required
¶ 10.5Furthermore, given the Appellant is now 24 years old and has served over six years, the Court found it unfeasible to remand the matter for a fresh assessment of mental capacity at the time of the 2018 offence
¶ 1305Holding
The Court answered the issue in the negative, holding that the absence of an order under Section 19(1) vitiated the entire trial
¶ 12The Supreme Court set aside the judgments of the Children’s Court and the High Court, acquitted the Appellant, and discharged his bail bonds
¶ 14, 16Additionally, the Court issued a mandatory direction to all Children’s Courts across India to pass a reasoned order under Section 19(1) immediately upon receipt of records under Section 18(3) before proceeding further
¶ 15Original Court PDF
SagarvsThe State Of Haryana
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