The “delicate task” of deciding whether juveniles aged between 16 and 18, accused of heinous offences such as murder, can be tried like adults should be based on “meticulous psychological investigation” rather than be left to the discretion and perfunctory “wisdom” of juvenile justice boards and children’s courts across the country, the Supreme Court held in a judgment on Wednesday.
Section 15 of the Juvenile Justice (Care and Protection of Children) Act of 2015 requires a “preliminary assessment” to be done of the mental and physical capacity of juveniles, aged between 16 and 18, who are involved in serious crimes.
The assessment is meant to gauge a child’s ability to understand the consequences of the offence and the circumstances in which he or she allegedly committed the offence.
