BARUN CHANDRA THAKUR versus MASTER BHOLU & ANR.

BARUN CHANDRA THAKUR versus MASTER BHOLU & ANR.

The Supreme Court held that the proviso to section 15(1) (allowing the Board to take assistance of experienced psychologists/psycho-social workers or other experts) operates mandatorily unless the Juvenile Justice Board itself includes at least one practicing professional with a degree in child psychology or child psychiatry; the Board and Children’s Court erred in refusing to provide the SIR and expert report to the respondent and in denying adequate opportunity including cross-examination and in declining to follow the psychologist’s recommendation for further assessment without cogent reasons; preliminary assessment must examine separately mental/physical capacity, ability to...

Parties
Complainant Appellant: Barun Chandra Thakur; Appellant: Central Bureau of Investigation; Respondent (juvenile): Master Bholu
Jurisdiction
India
Judgment Date
13 July 2022
Procedural Posture
Criminal Appeal / Appeal to Supreme Court Against High Court Order Remanding Matter to Juvenile Justice Board for Fresh Preliminary Assessment
Outcome
Appeals dismissed
Legal Topics
Preliminary Assessment Under S.15, Confidentiality of Reports (s.99), Social Investigation Report (sir), Assistance of Experts, Natural Justice and Reasonable Opportunity, Timeline for Proceedings
Juvenile Justice (care and Protection of Children) Act, 2015 Criminal Law Child Rights Procedural Law Preliminary Assessment Under S.15 Confidentiality of Reports (s.99) Social Investigation Report (sir) Assistance of Experts +2 more

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Parties

Barun Chandra Thakur

Complainant Appellant

Central Bureau of Investigation

Appellant

Master Bholu

Respondent (juvenile)

Procedural Posture

Criminal Appeal / Appeal to Supreme Court Against High Court Order Remanding Matter to Juvenile Justice Board for Fresh Preliminary Assessment

Legal Issues

  1. 1 Whether the proviso to section 15(1) (use of 'may' regarding assistance of psychologists/experts) is directory or mandatory
  2. 2 Whether the Juvenile Justice Board/Children's Court breached principles of natural justice by not providing SIR and expert reports and denying opportunity to inspect/cross-examine
  3. 3 Whether the psychologist's tests and report (IQ only) sufficed for assessment of 'ability to understand the consequences' and whether recommendation for further assessment should have been followed

Ratio Decidendi

The Supreme Court held that the proviso to section 15(1) (allowing the Board to take assistance of experienced psychologists/psycho-social workers or other experts) operates mandatorily unless the Juvenile Justice Board itself includes at least one practicing professional with a degree in child psychology or child psychiatry; the Board and Children’s Court erred in refusing to provide the SIR and expert report to the respondent and in denying adequate opportunity including cross-examination and in declining to follow the psychologist’s recommendation for further assessment without cogent reasons; preliminary assessment must examine separately mental/physical capacity, ability to...

Court Disposition

Appeals dismissed

Orders

  • Appeals dismissed
  • High Court order remanding the matter to the Juvenile Justice Board for fresh preliminary assessment within the time directed upheld