NCPCR Guidelines for Juvenile Crimes

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National Commission for Protection of Children issued guidelines for trying a juvenile as an adult in case of heinous crimes.

3 categories of offences - The Juvenile Justice Act 2015 (JJ Act, 2015) has categorized the offences committed by children into three categories which are
- Petty offences,
- Serious offences and
- Heinous offences.
Section 15 of the JJ Act (2015) - In case of a heinous offence against a child, who is or above the age of 16, the juvenile justice board shall conduct a preliminary assessment.
Preliminary assessment - To test the mental and physical capacity of juvenile and his/her ability to conduct a crime should be assed.
Sole objective preliminary assessment is to determine whether a child within the age group of 16-18 years should be tried as an adult in case of heinous offences.
Section 18 (3) of JJ act (2015) - After the preliminary assessment if there is a need for trying children as adult then the case is transferred to children’s court.
Regular jail at 21 - If the juvenile is found guilty and sentenced he/she will only be transferred to a regular jail to be tried as an adult at the age of 21.

According to Juvenile Justice Care and Protection Act (2015) “Juvenile or child” means a person who has not completed 18 years of age.

Preliminary assessment - Juvenile justice Board (JJB) shall be responsible for the preliminary assessment and provide the child, the child’s family, and their counsel a copy of the order.
Degree in child psychology or child psychiatry - The board need to have a member who is a practicing professional with a degree in child psychology or child psychiatry.
In case of absent of such member the board Board shall take the assistance of psychologists or experts who have the experience of working with children in difficult times.
Legal aid counsel - Should be provided to child through District Legal Services Authority.
Legal aid counsel should be present during the preliminary assessment.
Training - Under the section 15 of the JJ act 2015 training is mandate for the experts who assist the JJB.
Probation officer or Child Welfare Officer - After the interaction with the child or child’s family, a Social Investigation Report (SIR) should be prepared.
To know more about child welfare committee click here

Beijing rules and Riyadh guidelines are international instruments that recognize child rights.

Since the guidelines have been made to remove any ambiguity and to clarify the steps involving preliminary assessment the errors of trying innocent juvenile as an adult will be minimized.
The absorption of these principles in the system needs to be monitored by NCPCR.
The principles in the guidelines needs to be given due importance by JJB and children’s court.

The National Commission for Protection of Child Rights (NCPCR)

Protection of all children (0 to 18) years age group is of equal importance.
Functions of the National Commission for Protection of Child Rights as laid out in the Commissions for Protection of Child Rights (CPCR) Act 2005.
The functions include
- Examine and review the safeguards provided by any law for the protection of child rights and recommend measures for their effective implementation.
- Inquire into complaints and take suo-motu notice of matter relating to
  - Deprivation and violation of child rights;
  - Non implementation of laws providing for protection and development of children;
  - Take up the issues arising out of such matters with appropriate authorities.
NCPCR is under a statutory obligation under Section 109 of the JJ Act, 2015 to monitor the proper implementation of the provisions of the Act.