Question: Point out the consequences of a child being tried as an adult by the Children's Court under the Juvenile Justice (Care and Protection of Children) Act, 2015.

 

Answer:

The decision to try a child as an adult under the Juvenile Justice (Care and Protection of Children) Act, 2015 carries significant legal and social consequences that can shape the child's future in profound ways.

I. Proportionality of Punishment:

If a child is tried as an adult, the sentence can extend to life imprisonment. In contrast, if the child is tried by the Juvenile Justice Board (J.J.B.) as a juvenile, the maximum sentence that can be imposed is three years, regardless of the severity of the offense.

 

II. Disqualification from Conviction:

Under Section 24(1) of the Act, a child tried by the J.J.B. does not suffer any disqualification arising from the conviction. This provision enables the child to pursue education and employment without the stigma of a criminal record. However, this protection is not extended to children tried as adults by the Children’s Court, exposing them to disqualifications that may hinder future opportunities.

 

III. Shift from Reform to Punishment:

When a child is tried as an adult, the focus shifts from rehabilitation to punishment, diminishing the chances of social reintegration. This punitive approach can have long-term psychological and social repercussions, potentially increasing the risk of recidivism.

 

Case Reference: ABC (Minor) v. State of Union Territory Chandigarh, Punjab and Haryana High Court.