The Supreme Court of India, on May 7, held that the provision of Section 14(3) of the e Juvenile Justice (Care and Protection of Children) Act, 2015, providing for the period of three months for completion of a preliminary assessment under Section 15 of the Act, is not mandatory.
Bench comprising Justice CT Ravikumar and Justice Rajesh Bindal heard an appeal preferred by a child in conflict with law challenging an order passed by the Karnataka High Court.
The Court said that as far as inquiry of CCL, as envisaged under Section 14(1) of the Act, by the Board for heinous offences was concerned, there was no deadline after which either the inquiry could not be proceeded further or has to be terminated.
The Court held that the preliminary assessment was not mandatory but only director.
The Court also directed that the words ‘Children’s Court’ and ‘Court of Sessions’ in Juvenile Justice (Care and Protection of Children) Act, 2015 and the 2016 Rules shall be read interchangeably. Primarily jurisdiction vests in the Children’s Court. However, in the absence of constitution of such Children’s Court in the district, the power to be exercised under the Act is vested with the Court of Sessions.
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