My 16-year-old son was caught in a theft case in Srinagar; will he be tried as an adult?
SH Asked by Shobha Kapoor from India
Quick Answer
Under the Juvenile Justice (Care and Protection of Children) Act, 2015, a child in conflict with law is dealt with by the Juvenile Justice Board in Srinagar, not a regular criminal court.
Detailed Legal Analysis
Under the Juvenile Justice (Care and Protection of Children) Act, 2015, a child in conflict with law is dealt with by the Juvenile Justice Board in Srinagar, not a regular criminal court. For heinous offences alleged to be committed by a child aged 16 to 18, a preliminary assessment is made to decide whether to try the child as an adult, considering mental and physical capacity.
The Board's order can be challenged before Jammu and Kashmir High Court. Jammu and Kashmir Rent Control Act 1966 may establish State juvenile justice rules and observation homes, so local procedure applies.
The child is entitled to bail and cannot be sent to jail; instead, he is placed in a place of safety. The proceedings are confidential, and the identity cannot be disclosed.
Rehabilitation, not punishment, is the overarching principle.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.