NDLI: Barun Chandra Thakur Vs. Master Bholu & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Juvenile Justice (Care and Protection of Children) Act 2015 – s.15 – Proviso to s. 15(1) – Directory or Mandatory
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16 Referred Case 17 Referred Case 18 Referred Case 19 Referred Case 20 Referred Case 21 Referred Case 22 Referred Case 23 Referred Case 24 Referred Case 25 Referred Case 26 Referred Case 27 Referred Case 28
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Juvenile Justice (Care and Protection of Children) Act, 2015 – s.15 – Proviso to s. 15(1) – Directory or Mandatory – Held: Well settled principle of interpretation that the word ‘may’ when used in a legislation by itself does not connote a directory meaning – If in a particular case, in interest of equity and justice it appears to the court that the intent of the legislature is to convey a statutory duty, then the use of the word “may” will not prevent the Court from giving it a mandatory colour – Looking to the purpose of the Act, 2015 and its legislative intent, particularly to ensure the protection of best interest of the child, the expression “may” in the proviso to s.15(1) thereof and the requirement of taking assistance of experienced psychologists or psycho-social workers or other experts would operate as mandatory unless the Board itself comprises of at least one member who is a practicing professional with a degree in child psychology or child psychiatry – Moreover, in case the Board, in view of its own composition with at least one member, who is a practicing professional with a degree in child psychology or child psychiatry, chooses not to take such assistance, it would record specific reasons therefor. Juvenile Justice (Care and Protection of Children) Act, 2015 – s.15 – Preliminary assessment under – Language used in s.15 is “the ability to understand the consequences of the offence” – The expression used is in plurality i.e., “consequences” of the offence and, therefore, would not just be confined to the immediate consequence of the offence – Consequences could be in material / physical form but also affecting the mind and the psychology of the child for all times to come – Individualised assessment of adolescent mental capacity and ability to understand the consequences of the offence is one of the most crucial determinants of the preliminary assessment mandated by s.15 – The report of the preliminary assessment decides the germane question of transferring the case of a child between 16 to 18 years of age to the Children’s Court – This evaluation of ‘mental capacity and ability to understand the consequences’ of the child in conflict with law can, in no way, be relegated to the status of a perfunctory and a routine task – 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. Juvenile Justice (Care and Protection of Children) Act, 2015 – Social Investigation Report (SIR) – Relevance – Held: Preparation of SIR is a statutory requirement for every child in conflict with law, which is to be prepared by the Probation Officer or any other agency as may be directed by the Juvenile Justice Board – The object of getting an SIR prepared is to obtain as much as possible information about the background of the child – SIR is a relevant material to be considered by the Board to take a decision while passing any orders regarding bail or after inquiry or preliminary assessment. Juvenile Justice (Care and Protection of Children) Act, 2015 – Juvenile Justice (Care and Protection of Children) Model Rules, 2016 – Timeline provided for the inquiry, submission of Social Investigation Report (SIR), preliminary assessment and investigation under the Act, 2015 and the Model Rules – Object and Rationale – Held: The timeline given under the various provisions, has a rationale – The SIR to be submitted within fifteen days would facilitate the Board in taking a decision on the request for bail at the earliest – The period of one month given under r.10(5) is to facilitate the Board to take a decision may be on a pending bail matter or for preliminary assessment for which three months’ time is provided – The completion of inquiry within four months or any extended period is to ensure that a child is not subjected to unnecessary long and lengthy processes of trials and inquiries and that the matter is taken to its logical conclusion at the earliest. Juvenile Justice (Care and Protection of Children) Act 2015 – s.15 – Task of preliminary assessment u/s.15 is a delicate task with requirement of expertise and has its own implications as regards trial of the case – Appropriate and specific guidelines in this regard – Central Government and the National Commission for Protection of Child Rights and the State Commission for Protection of Child Rights to consider issuing guidelines or directions which may assist and facilitate the Juvenile Justice Board in making preliminary assessment u/s.15.
Judge	Hon'ble Mr. Justice Vikram Nath
Neutral Citation	2022 INSC 716
Petitioner	Barun Chandra Thakur
Respondent	Master Bholu & Anr.
SCR	[2022] 10 S.C.R. 595
Judgement Date	2022-07-13
Case Number	950

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Barun Chandra Thakur Vs. Master Bholu & Anr.

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Barun Chandra Thakur Vs. Master Bholu & Anr.

Barun Chandra Thakur Vs. Master Bholu & Anr.

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