Benefit of juvenile justice Act should not be given to juvenile involved in monstrous crimes merely because of their biological age.
CHANDIGARH: Against the backdrop of a raging debate on the age of juvenile offenders following the Nirbhaya rape, the Punjab and Haryana high court has held that benefits and privileges of juveniles should not be accorded to minors involved in monstrous crimes merely because of their biological age. Instead, it should be premised on the ability of offenders to understand the consequences of their actions.
"It is the advancement of the mental faculty of juvenile accused, which would suggest whether he is an adult or a juvenile," the HC held while recommending a specialized examination of minors by experts who can evaluate their ability to segregate good and bad to show his/her maturity or immaturity to answer for the deeds.
