The Juvenile Justice Board would be competent to decide whether the teenager accused in the Mercedes hit-and-run case should be tried as an adult, legal experts say.
The decision is a crucial one, as the accused ran over a 32-year-old man four days off his eighteenth birthday on 4 April.
Since the Juvenile Justice (Care and Protection of Children) Act of 2015 has come into force on 1 January 2016, whether the accused teenager cab driver be tried as an adult should be decided by the JJB.KTS Tulsi, Senior Advocate
Explaining the procedure, KTS Tulsi said the Board will carry out a “preliminary assessment” as to whether the crime was of a heinous nature.
Tulsi also said that the board will verify “whether the accused has the level of understanding and maturity to be tried as an adult”.
However, juvenile law expert, advocate Anant Asthana, attacked the media for “unnecessarily hyping” the issue as the accused was driving a Mercedes.
Will Earlier Cases Impact the Trial?
Tulsi, also a Rajya Sabha member, said the fact that the boy was just four days short of turning 18, he would have a bearing on deciding his level of understanding.
The level of understanding, Tulsi added, develops through a “gradual process” and not suddenly when he attains adulthood.
The earlier crimes will also be considered while deciding if he should be tried as an adult only if he is found guilty in the earlier cases.
Senior advocate Geeta Luthra, who was also of a similar view, also said that the Board is an appropriate body to decide on the category of crime and accordingly put the accused on trial.
(With PTI inputs)
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