3 month time limit for preliminary assessment of juveniles is directionary: SC

The SC held that the time limit of 3 months that has been prescribed under Section 14(3) of the Juvenile Justice (care and Protection) Act 2015, for ascertaining the mental and physical capacity of a child below 16 years of age, is only directory and not a mandatory provision.

The court gave the reasoning that in case of default, the same cannot be held to be a mandatory provision.

Section 15(1) of the act provides that the JJ Board must conduct the preliminary assessment to ascertain the ability to understand the consequences of the offense and the circumstances in which the offense was allegedly committed by him.

The court said that the interpretation of section 14 must be done harmoniously.

The court upheld the views that have been expressed by the High Court of Madhya Pradesh, in the case of Bhola v. State of MP and CCL v. state that the provision of section 14 is directionary.

Written By:- Shianjany Pradhan (@SHIANJANYPRADHAN)