- The mental and physical capacity of the child to commit such heinous offence.
- The ability of child to understand the consequences of the offence
- Circumstances under which the offence was committed
Section 19(3) provides that, if the Juvenile Board on preliminary inquiry concludes that there is need for further trial of the child who has committed heinous offence, it can order for transfer of the trial of the case to Children’s Court.
After receiving preliminary inquiry from Juvenile Board for further trial of the child who has committed heinous offence, The Children’s Court has been given two options, they are:
- The Children’s court may conclude that there is no need for trial of the child as an adult and conduct an inquiry as a Board
- If the Children’s Court accepts the conclusion of Juvenile Board for further trial of child as an adult then the Court shall conduct the trial as per provisions of Code of Criminal Procedure 1973
Children’s Court in the trial of child as an adult can pass appropriate order subject to the restriction that the child shall not be sentenced to death or for imprisonment for life without the possibility of release.
The provisions in the Juvenile Justice (Care and Protection of Children) Bill, 2014 has given wide discretionary power to both the Juvenile Board as well as Children’s Court to decide as to the need for trial of a child as an adult. Further the Restrictions as to kinds of sentence that can be pronounced against juvenile ensures that the juvenile and adult convicts are not dealt alike. The new legislation enables the legal system to deal with cases where heinous offence is committed by juvenile when he has enough maturity of mind.
K.L.E. society’s Law College