Mumbai: Even if child commits heinous crime, she/he cannot be tried as adult automatically, reiterates Bombay HC

In a significant ruling, the Bombay High Court at Aurangabad recently held that even if a child in conflict with law (CCL) commits a heinous crime still he cannot be automatically tried as an adult. The HC accordingly dismissed a plea filed by the state

A bench of Justice Mukund Sewlikar was hearing a revision application filed by the Aurangabad ATS wing challenging an order passed by a special court rejecting it's plea seeking to try a CCL as an adult in a case related to terrorism.

As per the ATS, the CCL in question was member of the group, which was having links with the ISIS. It claimed that the group had in 2018, planned to mix a poisonous substance in a water tanker at Aurangabad and also in Mumbai to commit mass murder.

However, the plan was foiled after the ATS received secret information of this group viz. Ummat - E - Mohammadia.

The CCL in question was arrested in 2019 and since he was a minor he was produced before the Juvenile Justice Board (JJB) and subsequently the prosecuting agency moved a plea before the JJB to assess the CCL and decide if he could be transferred to a children's court for trial as an adult. However, the JJB refused to allow his trial as an adult. His decision was challenged before a special court which too gave a similar finding.

Notably, the Juvenile Justice (Care and Protection) Act, 2015 provides that if a child is about 16 years old at the time of an offence, can be tried as an adult by a children court, if s/he is booked for committing a heinous offence.

Taking note of the facts of the case, Justice Sewlikar referred to various judgments of the Supreme Court in this light.

Justice Sewlikar while referring to one of the verdicts said, "Even if a child commits a heinous crime, he is not automatically to be tried as an adult."

The judge further noted that the Supreme Court has held that in cases which are serious or more than serious but not heinous, CCLs must be tried as a child and not an adult.

Accordingly, it upheld the orders of the JJB and the Special court.