In a first, under new JJ Act, Merc case accused could be tried as adult

According to the draft rules under JJ Act, which would be implementable retrospectively from January 2016, the chances of the accused being tried as juvenile have turned remote.

The court said that the Juvenile Justice Board can decide over how long a juvenile offender has to be kept in the reform home and no application is required for release as per the new JJ Act which came into effect from January this year. The accident on April 4, 2016, had killed 32-year-old marketing executive Sidharth Sharma.

Releasing the draft model rules under the Juvenile Justice Act (Care and Protection of Children) Act, 2015, Union Minister for Women for Child Development Maneka Sanjay Gandhi said: “The Act was passed by Parliament and it came into effect from January 15, 2016. The new rules were already drafted and now are being formally released today (Wednesday). So since the time the Act has been notified it is implementable and applicable.” 

The draft rules have been released inviting suggestions from all stakeholders, before its notification.

Upholding the bail granted to the minor accused of driving his father’s Mercedes and killing a marketing executive last month, the court said as per the Juvenile Justice Act (Care and Protection of Children), the minor’s welfare should be kept in mind while dealing with a matter relating to him.

Additional sessions judge Arvind Kumar rejected the contention of counsel for victim’s family and the Delhi Police that the board granted bail to the boy, who recently turned an adult, even without any application being filed by him.

“It is clear from bare reading of Section 12 (of the Act) that no application is required for release of the child and the discretion lies with the board regarding release of the CCL (Child in Conflict with Law). It is for the board to decide as to how long the child should be kept in the observation home. Therefore, contentions of counsel for appellant (victim’s family) that application for bail is necessary condition for releasing the CCL on bail, is without any merit,” said the court.

“I do not find any irregularity, infirmity or illegality in the (JJB) order of April 26. There is no merit in the appeal and same is dismissed,” the judge said. As per Section 12 of the Act any person who is apparently a child and alleged to have committed a bailable or non-bailable offense be released on bail with or without surety or be placed under supervision of probation officer.