In any given society, the existence of crime is a permanent feature. The task of preventing, investigating and punishing for crime is on the Executive and the judiciary. Criminals, due to reasons such as their sex, mental health/capacity, intoxication and age, enjoy certain exceptions and privileges in law. These exceptions were carved out to ensure justice and equity in the society.
The offenders who are minors (less than 18 years of age) are not treated like an adult accused person. This protection is meant to protect a minor from the wrath of law as it is considered that a minor does not have the mental wherewithal to formulate intent or mens rea, which is non negotiable in criminal jurisprudence to prove guilt of an accused.
As times changed and the Indian society became more progressive, the percolation of crime also increased. As an aftermath of the infamous Nirbhaya rape case in 2012, the Juvenile Justice Act underwent an amendment to enable the Executive to proceed against minor accused between 16-18 years of age as an adult in cases pertaining to heinous offences.
The recent Porsche car accident case has again brought the issue of juvenile justice into sharp focus. On May 19, Sunday, two IT professionals were killed by an overspeeding sports car driven by an allegedly intoxicated seventeen year old boy in Pune, Mumbai.
The minor accused was taken before the Juvenile Justice Board and the Board granted him bail on three extraneous conditions. As per reports, the Juvenile admitted before the Board that he is addicted to alcohol. The Board directed the minor accused to write a 300 words essay on accidents, work with Traffic Police for a period of 15 days and undergo counselling for drunken driving. On Wednesday, May 22, however, the bail of the minor accused was cancelled.
As per the Police, the car being driven by the minor accused which caused deaths of two people, had no number plate. The car was also not registered.
Rohini Musa, Advocate on Record, Supreme Court of India, speaking with BW Legal World, said that, “Bail conditions are left to the discretion of the Judge to prescribe depending on the various factors like heinous nature of the offence, the credibility of the accused, etc. Writing an essay on accidents as a condition of bail is a mockery of the system and ridicules the life lost. In case the Police succeed in obtaining an order directing the minor accused to be tried as an adult, the police can move for cancellation of bail.”
Musa said that death by car accident per se ought not to be treated as heinous offences as there might be many occasions where the unfortunate incident was in fact, nothing but an accident.
"It might be more prudent to contemplate changes in the JJ Act to address such an eventuality," she added.
The Juvenile Justice Act needs to change and adequate provisions need to be incorporated to ensure that heinous offences committed by minors can be dealt with.
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