Supreme Court Strengthens Juvenile Justice Act, 2015

1. The Supreme Court recently passed a judgment in the "Child in Conflict with Law (CCL) through his mother v. State of Karnataka" case to strengthen the Juvenile Justice (Care and Protection of Children) Act, 2015.
2. The judgment focused on provisions related to the preliminary assessment of CCL in heinous offenses.

About the Juvenile Justice Act, 2015

1. Scope:
   1. Consolidates and amends laws concerning Child in Conflict with Law (CCL) and Child in need of Care and Protection (CCP).
   2. CCL means Child below 18 years of age alleged/found to have committed an offense.
2. Juvenile Justice Boards (JJBs):
   1. Mandates setting up JJBs in every district to handle CCL cases.
3. Preliminary Assessment:
   1. For heinous offenses allegedly committed by a child over 16 years of age, JJBs must conduct a preliminary assessment to assess the child's capacity.
   2. Children's Court decides whether the child should be tried as an adult after the assessment.

Key Highlights of the Judgment

1. Appeals against JJB's Preliminary Assessment:

1. To be filed before the Children's Court (not Sessions Court).
2. 30-day time limit for filing such appeals.

2. Time Limit for Preliminary Assessment:

a. 3-month time period is directory (not mandatory).

Impact:

This judgment clarifies the appeal process and time limits for preliminary assessment under the JJ Act. It aims to streamline the legal procedures for CCL and ensure fair treatment of children in conflict with the law.

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