A new juvenile justice Bill that allows 16 to 18 years old, accused of heinous offences, to be tried as adults was passed by the Rajya Sabha. This paved the way for a new juvenile justice system in which the age of criminal culpability will now be 16 years, subject to some conditions.

The Juvenile Justice (Care and Protection of Children) Bill, 2015 that will replace the Juvenile Justice (Care and Protection of Children) Act, 2000 states that any person aged between 16 and 18 years and accused of a heinous offence may be tried under the IPC and not the JJ Act if, after a preliminary inquiry, the Juvenile Justice Board feels that the crime was committed with full knowledge and understanding of the consequences.

The bill was taken up against the backdrop of uproar over release of juvenile convict in the gangrape-cum-murder of a 23-year-old girl on December 16, 2012. The parents of the victim have said that the convict could escape after spending three years in a correction home only because the law is weak.

What are Heinous Offences?

‘Heinous offences’ have been defined as those which carry a sentence of imprisonment for seven or more years.

The newly passed law, however, does not allow for juveniles to be sentenced to death or to life imprisonment without the possibility of release. However, the new law will not apply to the December 2012 Delhi gangrape as criminal laws cannot be retrospective in nature. The Juvenile Justice Bill also has significant provisions with respect to children in need of care and protection, adoption and ragging.