Heinous offences
Also called: Heinous offence
Offences for which the minimum punishment under the IPC or any other law in force is imprisonment for seven years or more (Section 2(33) of the Juvenile Justice Act, 2015).
Explained
Section 2(33) of the Juvenile Justice (Care and Protection of Children) Act, 2015 provides that heinous offences include the offences for which the minimum punishment under the Indian Penal Code or any other law for the time being in force is imprisonment for seven years or more. The test is the minimum sentence prescribed, not the maximum. The definition still names the IPC, but after 1 July 2024 the offences are those under the BNS and other laws.
The Act divides offences into three classes. Petty offences under Section 2(45) carry a maximum punishment of up to three years. Serious offences under Section 2(54), as amended, carry a minimum of more than three and up to seven years, or a maximum of more than seven years with no minimum or a minimum below seven years. Heinous offences carry a minimum of seven years or more. The amendment to Section 2(54) followed Shilpa Mittal v. State (NCT of Delhi) (2020), where the Supreme Court held that an offence with a maximum above seven years but no minimum is not heinous.
The classification matters most for a child aged sixteen to eighteen. Under Section 15, where such a child is alleged to have committed a heinous offence, the Juvenile Justice Board conducts a preliminary assessment of his mental and physical capacity to commit the offence, his ability to understand its consequences and the circumstances of the offence. The Explanation says the assessment is not a trial. The Board may then dispose of the matter itself under Section 18 or transfer it to the Children's Court, which under Section 19 decides whether to try the child as an adult. A child below sixteen accused of a heinous offence, and any child accused of a petty or serious offence, is dealt with by the Board under Section 18.
Examiners ask candidates to match petty, serious and heinous offences with their punishment bands and test the age of sixteen and the nature of the preliminary assessment.
What the law says
(33) “heinous offences” includes the offences for which the minimum punishment under the Indian Penal Code (45 of 1860) or any other law for the time being in force is imprisonment for seven years or more;
Section 2(33) heinous; 2(45) petty; 2(54) serious offences
(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.
Preliminary assessment into heinous offences
(1) Where a Board is satisfied on inquiry that a child irrespective of age has committed a petty offence, or a serious offence, or a child below the age of sixteen years has committed a heinous offence, [or a child above the age of sixteen years has committed a heinous offence and the Board has, after preliminary assessment under Section 15, disposed of the matter] then, notwithstanding anything contrary contained in any other law for the time being in force, and based on the nature of offence, specific need for supervision or intervention, circumstances as brought out in the social investigation report and past conduct of the child, the Board may, if it so thinks fit,—
(a) allow the child to go home after advice or admonition by following appropriate inquiry and counselling to such child and to his parents or the guardian;
(b) direct the child to participate in group counselling and similar activities;
Orders by the Board on a child in conflict with law
(1) After the receipt of preliminary assessment from the Board under section 15, the Children’s Court may decide that—
(i) there is a need for trial of the child as an adult as per the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) and pass appropriate orders after trial subject to the provisions of this section and section 21, considering the special needs of the child, the tenets of fair trial and maintaining a child friendly atmosphere;
(ii) there is no need for trial of the child as an adult and may conduct an inquiry as a Board and pass appropriate orders in accordance with the provisions of section 18.
Powers of the Children's Court after assessment
For the exam
- Section 2(33) JJ Act: minimum punishment of seven years or more.
- Petty: maximum up to three years (Section 2(45)); serious: Section 2(54).
- No minimum sentence means the offence is not heinous: Shilpa Mittal (2020).
- Preliminary assessment under Section 15 only for children aged sixteen or above.
- Preliminary assessment is not a trial (Explanation to Section 15).
32 questions in the Law Maker question bank use this term. Practise Special Criminal Laws questions
Related terms
- Petty offenceFor Section 229 of the BNSS, an offence punishable only with fine not exceeding five thousand rupees, other than Motor Vehicles Act offences and offences under laws allowing conviction in absence on a guilty plea.
- Serious offencesUnder Section 2(54) of the Juvenile Justice Act, 2015, offences with a minimum sentence above three and up to seven years, or a maximum above seven years with no minimum or a minimum below seven years.
- Child in conflict with lawUnder Section 2(13) of the JJ Act, 2015, a child alleged or found to have committed an offence who had not completed eighteen years on the date of the offence.
- ChildUnder Section 2(3) of the BNS a child is any person below eighteen years of age. Special statutes use the same age with small variations, and child marriage law sets twenty one for males.
- OffenceAn act or omission made punishable by law. The BNS core meaning is a thing made punishable by the Sanhita; the BNSS meaning covers any law in force.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.