How Juvenile Justice Boards Should Conduct Preliminary Assessment Under S.15 of JJ Act ? Supreme Court Issues Guidelines

 In this regard, the observations of Gujarat High Court in Child in Conflict with Law v. State of Gujarat, reported in MANU/GJ/1115/2023, remain noteworthy. The relevant observations read thus: {Para 73}

"71. The preliminary assessment as explained under proviso to section 15(1) of the J.J. Act, clarifies that preliminary assessment is not a trial, but it is conducted to assess the capacity of such child to commit and understand the consequences of, the alleged offence. Thus, while making a preliminary assessment, the J.J. Board/Children's Court has to specifically deal with all four criteria by assigning reasons to explain the capacity of such child to commit offence. Such assessment of capacity is in terms of physical capacity of the child to commit alleged offence and mental capacity of child to commit alleged offence. The facts of the case has to be dealt with to understand the circumstances in which the child allegedly committed the offence. The circumstances to be referred are not merely the immediate circumstances of the offence itself, but also to other circumstances cumulative in nature to have led to the immediate circumstances related to a long period occurring in the child's life, and finally the ability to understand the consequence of the offence."

 81. In Child in Conflict with Law (supra) the Gujarat High Court listed factors, other than those written in the SBR or SIR, to be considered during the course of preliminary assessment. The overarching idea flowing across the factors remain that an overall assessment, more particularly, the past conduct, of the child should be undertaken. The Court further noted that while dealing with an appeal, the Appellate Court may call for assistance by expert and are not bound by the report of the expert placed before the JJ Board. The relevant observations read thus:

"99. The children are treated as an adult offenders because of offence category. Thus, the provisions of the section invoked, would also require consideration during the course of preliminary assessment alongwith, the record and previous history of the child in the present jurisdiction or other jurisdiction including:

(i) the number and nature of the previous cases of the child with the Board;

(ii) The number and nature of prior period of probation;

(iii) the number and nature of prior commitments to child correctional centers;

(iv) the number and nature of previous residential and community - based treatments;

(v) whether previous adjudications and commitments were for delinquent acts that involved the infliction of serious bodily injury, and;

(vi) whether the alleged offense is part of a repetitive pattern of similar adjudicated offenses;

(vii) Whether the juvenile has previously absconded from the legal custody of a juvenile correctional entity in this or any other jurisdiction;

(viii) The degree of intellectual disability or mental illness;

(ix) The juvenile's school record and education;

(x) The juvenile's mental and emotional maturity; and

(xi) The juvenile's physical condition and physical maturity.

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 3299 of 2026 

Decided On: 21.07.2026

X Vs. State of Bihar and Ors.

Hon'ble Judges/Coram:

J.B. Pardiwala and Ujjal Bhuyan, JJ.

Author: J.B. Pardiwala, J.

Citation: 2026 INSC 728,MANU/SC/0728/2026.

Read full judgment here: Click here.

Print Page