Abstract

According to statistical data that was provided by the Minister of Women and Child Development, Maneka Gandhi, in the year preceding the Juvenile Justice (Care and Protection) Act, 2015 coming into force, juveniles had been found to be responsible for more than half of crimes that were being committed in India. The act certainly ensures that the constitutional provisions of rights and duties to protect children from human rights violation and to ensure them being law-abiding adult citizens of the country. However, there is a classification of crimes as committed by accused juveniles have been considered for a fair punishment. Depending on the severity of the crime committed, the Juvenile Justice Board will acclaim whether they are to be tried as an adult for their offence from this test of permissible classification. In the case of Saurabh Jalinder Nangre v. State of Maharashtra, it was held that Juveniles cannot be transferred to the Children’s Court to be tried for their crimes that are not a “heinous offence” under the Juvenile Justice Act. The author in the analysis of this case brings critically examines the variation of circumstances revolving not only in this case but the criminal justice system at large, and by further presenting a comparative analysis with that of American Justice System.

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