ABSTRACT
Children are among the most vulnerable members of society, and ensuring their protection must be a top priority. The Juvenile Justice (Care and Protection of Children) Act, 2015, brought a significant shift in India’s juvenile justice system by introducing a provision allowing the transfer of 16–18-year-olds accused of heinous offenses to adult criminal courts. Juvenile Justice Boards are entrusted with crucial responsibilities: determining the child’s age, assessing the seriousness of the offense, conducting preliminary inquiries, and deciding on the transfer to the Children’s Court. Once transferred, it is the Children’s Court’s duty to evaluate whether the child should be tried as a juvenile or an adult. While the Act provides a detailed legal framework to protect the rights of children in conflict with the law, in practice, a considerable gap exists between procedural mandates and their actual implementation. Courts often overlook or bypass prescribed procedures, leading to inconsistencies and potential rights violations. This chapter critically examines these procedural shortcomings, with particular focus on how decisions are made regarding the culpability of juveniles and the appropriate rehabilitative or punitive responses, always keeping the child’s best interests at the forefront.
