Sunday 27 March 2022

Whether preliminary assessment done by JJB or children's court is vitiated if not completed within the prescribed period?

 As per Section 15(1) read with Section 14(3) of the J.J. Act, the preliminary assessment has to be completed within a period of three months from the date of the first production of the child before the Board. In this case, the applicant was produced before the Board on 06.06.2017. The preliminary assessment was disposed of by the Board on 07.05.2018, i.e. after a period of about 11 months. However, in paragraph 4 of the order, the Board has specifically mentioned that two members of the Board were not available, despite repeated correspondence the vacancies of two members were not filled up and therefore, the preliminary assessment could not be done within the prescribed period of three months. In the circumstances, the delay in preliminary assessment, by itself, would not vitiate the assessment made by the Board. As a matter of fact, there is no provision in the Act, which mandates that in case, preliminary assessment is not disposed of within three months, as prescribed under sub-section (3) of Section 14 of the J.J. Act, it would vitiate the preliminary assessment done at the later stage.

{Para 6}

Bombay High Court
Ajay S/O. Ramesh Bansode Through ... vs The State Of Maharashtra And Anr on 12 September, 2018
Bench: Sangitrao S. Patil
Read full Judgment here: Click here
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