VidhiSangh

Supreme Court of India · 07/05/2024

CHILD IN CONFLICT WITH LAW THROUGH HIS MOTHER versus THE STATE OF KARNATAKA AND ANOTHER

[2024] 5 S.C.R. 761 · 2024 INSC 387

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Summary

The three-month period for preliminary assessment of a child accused of a heinous offence is directory and may be extended by the Chief Judicial or Metropolitan Magistrate with written reasons. The Principal Magistrate’s view prevailed on an equally divided Board, making later contrary proceedings non-est. The High Court properly intervened in revision, but the child retained a special opportunity to appeal the assessment. The Court also clarified appellate forums and deadlines and issued directions for recording judicial orders.

Issues

  1. Whether expiry of three months barred a preliminary assessment or adult-trial transfer.
  2. How an equally divided Board’s order and subsequent contrary proceedings should be treated.
  3. What appellate forum, limitation and revisional powers applied.
  4. What safeguards should govern identification and recording of judicial orders.

Provisions considered

Held

Result

Appeal disposed of with procedural directions. High Court intervention upheld; child permitted to appeal the Board’s 5 April 2022 assessment within ten days, with disposal endeavoured within two months.

Judgment PDF: Supreme Court of India, [2024] 5 S.C.R. 761.