Centre frames new guidelines for trial of those between 16-18 years involved in heinous crimes

The guidelines recommend that a child will be placed in institutional care only as a last resort

To determine the culpability of adolescents between 16-18 years and to determine whether they should be tried as an adult in the case of heinous offences, the Centre has come up with new guidelines which say that in case there is no paperwork available to determine a child’s age, bone ossification test will be conducted. The guidelines also recommend that a child will be placed in institutional care only as a last resort.

The guidelines, for conducting the preliminary assessment under section 15 of the Juvenile Justice Act 2015, has been mandated after a direction by the Supreme Court in July last year in a case of murder of a minor where the accused was a 17-year-old student. The guidelines, which were framed after detailed consultations with experts, were made public for stakeholder feedback in January this year, and were notified by the National Commission for the Protection of Child Rights on Thursday.

As per section 94 (2) of the JJ Act, the age of the child is determined by the date of birth certificate from the school or matriculation or equivalent certificate from the concerned examination board. If the school or examination board does not have the documents, then the birth certificate by a corporation or a municipal authority or a panchayat will be considered. And in the absence of both, the age of the child will be determined by an ossification test or any other latest medical age determination test conducted on the orders of the Board. Such a test, the guidelines state, must be done within 15 days.

The preliminary assessment is conducted by the Juvenile Justice Board in cases where the accused in heinous crimes is in the age group of 16 to 18 years, and while it is not considered an inquiry or a prelude to the trial, the assessment determines the accused’s mental and physical capacity to commit the offence, their ability to understand the consequences of the offence and the circumstances in which they committed the offence. After the preliminary assessment, an order is passed on whether there is a need for trial of the child as an adult or as a juvenile.

“Aim of the preliminary assessment is not to seek confession from the child nor to reach at a conclusion of any sort (sic),” the guidelines state.

A child’s locomotor abilities and their gross motor functions such as walking, running, lifting, throwing will also be assessed to see if the child is physically capable of the crime, in addition to their mental capacity to make social decisions and judgement. The child’s ability to understand the consequences of their action, and the circumstances in which the crime was committed will also be brought into the assessment.

The preliminary assessment is to be completed within three months from the date of the child’s first appearance before the Board. “The final report should not include any kind of statement or document that could be incriminating in nature,” the guidelines state.