Allahabad High Court Formulates Guidelines For JJB & Children's Court On Conducting Preliminary Assessment Of Juveniles Accused Of Heinous Offence

The Allahabad High Court observed that the issue of preliminary assessments of juvenile under Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015 is a delicate and difficult task.

The Court formulated guidelines for the Juvenile Justice Board and Children's Court to guide them in making preliminary assessment of juveniles for the purpose of the trial regarding commission of heinous offence.

The High Court also said that there is a direct connection between poor emotional skills and the rising crime rate.

The Bench of Justice Siddharth observed, “This Court is of the view that the report of the psychologist of the nature mentioned hereinabove does not fulfils the requirements of Section 15 of J.J. Act. It appears that only to make formal compliance of getting report from psychologist, the report was called. The report does not records any finding as to the revisionist was subjected to what kind of test; what was his Emotional Intelligence Quotient (EQ) or his Intelligence Quotient (I.Q.). The Board has although recorded the finding that the revisionist has criminal antecedents of implication in two cases, but that cannot be the sole ground for declaring him adult for the purpose of trial regarding the heinous offence wherein he has been implicated.”

Ashish Tripathi represented the Revisionist.

Case Brief

A Criminal Revision was filed by a Juvenile to set aside the Judgement passed by the Session Judge and Juvenile Justice Board (JJB).

The contention of the Juvenile was that the preliminary assessment of the revisionist was not conducted as per the requirement of Section 15 (1) of the Juvenile Justice (Care and Protection of Children) Act, 2015.

The JJB asked seven questions to the Juvenile and it was held that he was capable of understanding the consequences of the act of murder and other offences committed by him, thus, tried him as an adult.

Court’s Observation

The Allahabad High Court noted that the provisions of Section 15(1) of Juvenile Justice (Care and Protection of Children) Act, 2015 are absolutely vague, as preliminary assessment of the child in conflict with law is provided in the Section 15 with the help of psychologists or psycho-social workers or other experts, but process of determination has not been provided anywhere.

After referring to the provisions and Juvenile Justice (Care and Protection of Children) Model Rules, 2016, the Court concluded that there was nothing in the said provisions as to how preliminary assessment of a child should be made by psychologists to help the Board.

The Court underscored that there is a direct connection between poor emotional skills and the rising crime rate. “Children who have poor emotional skills become social outcasts at a very young age. They might be the class bully because of a hot temper. They may have learned to reacts with fists rather than with reason. The path to crime starts early in life, while there is no doubt that family and environment are strong contributors, the common threat is poor emotional and social skills”, the Court added.

Crucially, the High Court emphasised that the expression ‘preliminary assessment into heinous offences by the Board’ used in section 15 of the J.J. Act, 2015, imposes a duty upon the Board to pass an order, to consider, whether there is a need for a trial of the said child as an adult.

“The process of taking a decision on which the fate of the child in conflict with law precariously rests, should not be taken without conducting a meticulous psychological evaluation”, said the Court. It was also noted that many times the psychologist report does not state anything as to the nature of tests conducted for the purpose of preliminary assessment of the child.

Accordingly, the Court formulated guidelines for the Juvenile Justice Board and Children's Court to guide them in making preliminary assessment of juveniles for the purpose of the trial regarding commission of heinous offenses as per Section 15 of J.J. Act, 2015, till the legislature formulates appropriate guidelines, as follows:

1. Board will necessarily call the report of psychologist regarding the test of intelligence of child conducted regarding his ability to understand the consequences of his act and psychologist will indicate in his report clearly what test was performed for assessing mental ability and intelligence of the child. The E.Q. and I.Q. of such a child shall also be clearly indicated in the report of psychologist;

2. Clear finding shall be recorded regarding the child's physical and mental capability to commit heinous crime alleged and his ability to understand its consequences;

3. Board shall direct the Probation Officer to undertake social investigation into the case and submit a social investigation report, within a period of fifteen days from the date of first production of child before the Board;

4. A social investigation report containing information regarding the antecedents and family background of the child and other material circumstances wherein the child committed the alleged offence likely to be of assistance to the Board for making the inquiry shall be submitted within two weeks to the Board;

5. In cases of heinous offences alleged to have been committed by a child, who has completed the age of sixteen years, the Child Welfare Police Officer shall produce the statement of witnesses recorded by him and other documents prepared during the course of investigation within a period of one month from the date of first production of the child before the Board;

6. Number and nature of the previous implications of the child with details of names of complainant;

7.Number and nature of prior period of probation of child, prior commitments of child to child correctional centers and previous residential and community - based treatments;

8. Whether the alleged offense is part of a repetitive pattern of similar adjudicated offenses committed by child and whether implications have been made by same complainant;

9. Whether the child has previously absconded from the legal custody of a juvenile correctional center;

10. Degree of intellectual disability or mental illness of child, if any;

The Court directed that these guidelines shall be followed by all the Juvenile Justice Boards/ Children's courts while making preliminary assessment of a child under Section 15(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015 and it should be reflected in their orders.

Accordingly, the Court allowed the revision petiton.

Cause Title: XYZ V. State fo U.P & Anr (2025:AHC:181097)

Appearance:

Revisionist: Advocates Ashish Tripathi and Aushim Luthra

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