Balancing Rehabilitation And Justice Adult Trial For Juvenile Offenders
Author: Smriti Jha, Intern, Lex Lumen Research Journal. [Pages: 43-50]
KEYWORDS: Section 15 of the Juvenile Justice Act, 2015, adult trials for juvenile offenders, heinous offences, preliminary assessment, rehabilitation.
ABSTRACT
The Juvenile Justice (Care and Protection of Children) Act, 2015 has introduced a revolutionary change in the system of juvenile justice in India through the introduction of a provision that treats juveniles aged 16-18 years as adults in case of heinous crimes after a preliminary assessment is conducted as per Section 15 of the Act. This paper seeks to determine if there is a proper balance of rehabilitation and accountability in such exceptional circumstances. This paper uses doctrinal legal research to analyse the provisions of law, case laws and examples like Nirbhaya case. The aim of this paper is to justify the need for Section 15 of Juvenile Justice Act, 2015. It discusses that age should not serve as a protection from consequences in case of commission of heinous crimes like rape and murder. Conducting a preliminary assessment ensures that only those juveniles who have the physical and mental capacity to comprehend their acts face adult consequences.
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