Cabinet nod for trial of juveniles as adults for rape, murder

New Delhi: Rejecting recommendations of a parliamentary standing committee, the Centre on Wednesday went ahead to amend a law to try juveniles in the 16-18 age group under rules meant for adult offenders in case of commission of heinous crimes like rape.

“The Cabinet has approved amendments to the Juvenile Justice (Care and Protection of Children) Act, whereby juveniles in the age group of 16-18 can be tried under Indian Penal Code (IPC) if they are accused of heinous crimes,” IT and Communication Minister Ravi Shankar Prasad told reporters.

The amendment to the Juvenile Justice (Care and Protection of Children) Bill 2014, okayed by the Cabinet at its meeting chaired by Prime Minister Narendra Modi, also involves removal of Clause 7 of the original bill which provided for trying of a person aged 21 years or above as an adult offender for a heinous offence he/she committed when he/she was 16-18 year old.  

The government’s decision on trying juveniles committing heinous crimes under the IPC and Criminal Procedure Code  comes days after the Supreme Court observed that there was a need to re-look into the provisions of Juvenile Justice Act in cases where the accused committed crimes like rape, murder, dacoity and acid attacks. 

Several ministers supported the revised bill which will be introduced in Parliament before the ongoing Budget Session ends, a minister said.  “The new legislation, when enacted, will provide a robust mechanism not only to deal with offences by juveniles but establish a strong framework to provide care and protection to children



and streamline the process of adoption,” the government said.

The amendment also seeks to extend the period within which a Juvenile Justice Board will have to conduct the preliminary inquiry to determine whether a youth aged 16-18 years should be tried as an adult if he or she committed a heinous crime. The original bill provided that the juvenile justice board will have to complete the preliminary enquiry within 4-6 months.

The proposed bill provides that in case a heinous crime has been committed by a person in the 16-18 age group, it will be examined by the Juvenile Justice Board to assess if the crime was committed as a “child” or as an “adult”. Since this assessment will be made by the Board which will have psychologists and social experts, it will ensure that the rights of the juvenile are duly protected if he has committed the crime as a child.The amendment also seeks to increase the reconsideration period for surrender of children by parents or guardians. It proposed to enhance the period for inter-country adoption in case the child was not given for domestic adoption.

“The amendments to the draft bill strike a fine balance between the demands of the stakeholders asking for continued protection of rights of juveniles and the popular demand of citizens in the light of increasing incidents of heinous crimes by young boys,” the government said. New offences, including illegal adoption, corporal punishment in childcare institutions, the use of children by militant groups and offences against disabled children, were also incorporated in the proposed legislation, it said.