Do not excuse minors for heinous crimes, says Supreme Court

New Delhi: An adult accused committing a grave and heinous crime like murder cannot be permitted to take statutory shelter under the Juvenile Justice Act that he is a juvenile to escape punishment under the Indian Penal Code, the Supreme Court has held.

Minors below the age of 18 are tried by the Juvenile Justice Board under the Juvenile Justice Act, under which the maximum sentence for murder is only three years.

Giving this ruling, a bench of Justices A.K. Sikri and R.K. Agrawal said, “It is no doubt true that if there is a clear and unambiguous case in favour of the juvenile accused that he was a minor below the age of 18 years on the date of the incident and the documentary evidence at least prima facie proves the same, he would be entitled to the special protection.

The bench rejected the submission of counsel Dr. V.P. Appan that the appellant was a minor and not an adult and that he should be tried only by the Juvenile Justice Board.

The appellant, 19, through his mother challenged an order of the Allahabad High Court affirming the findings of a sessions judge that he was not a minor on the date of committing a murder in July 2011 and that he should be tried in a court and not by the Juvenile Justice Board. The bench dismissed the appeal.