Law Maker

CHAPTER IV PROCEDURE IN RELATION TO CHILDREN IN CONFLICT WITH LAW

Section 15: Preliminary assessment into heinous offences by Board

The Juvenile Justice (Care and Protection of Children) Act, 2015

(1) In case of a heinous offence alleged to have been committed by a child, who has completed or is above the age of sixteen years, the Board shall conduct a preliminary assessment with regard to his mental and physical capacity to commit such offence, ability to understand the consequences of the offence and the circumstances in which he allegedly committed the offence, and may pass an order in accordance with the provisions of sub-section (3) of section 18:

Provided that for such an assessment, the Board may take the assistance of experienced psychologists or psycho-social workers or other experts.

Explanation.—For the purposes of this section, it is clarified that preliminary assessment is not a trial, but is to assess the capacity of such child to commit and understand the consequences of the alleged offence.

(2) Where the Board is satisfied on preliminary assessment that the matter should be disposed of by the Board, then the Board shall follow the procedure, as far as may be, for trial in summons case under the Code of Criminal Procedure, 1973 (2 of 1974):

Provided that the order of the Board to dispose of the matter shall be appealable under sub-section (2) of section 101:

Provided further that the assessment under this section shall be completed within the period specified in section 14.

Questions on this section

2 questions in 4 of our papers cite Section 15. Try these from the free papers:

  1. 1. With reference to X v. State of Bihar (21 July 2026) on the preliminary assessment of a child alleged to have committed a heinous offence, consider the following statements: 1. The Juvenile Justice Board is bound by the opinion of the experts whose assistance it takes under the proviso to Section 15(1) of the JJ Act. 2. The Social Investigation Report and the Social Background Report are pertinent inputs for the assessment and not merely supplementary material. 3. The Court of Sessions hearing an appeal against the Board's order may take the assistance of psychologists and medical specialists other than those consulted by the Board. Which of the statements given above is/are correct?

Practise questions on Special Criminal Laws