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Supreme Court of India 2022-07-13 dismissed

CBI vs MASTER BHOLU & ANR

Bench: 2 — Dinesh Maheshwari, Vikram Nath

In Brief

A 16-year-old student (Bholu) was accused of murdering a younger student at a private school. The Juvenile Justice Board ordered him tried as an adult based on a simple IQ test showing average intelligence (95). The Supreme Court dismissed the CBI's and victim's appeals against the High Court's order remitting the case for fresh assessment. The Court held that assessing a child's capacity requires comprehensive evaluation of emotional maturity, social development, and ability to understand long-term consequences—not just IQ scores. Expert psychological assistance is mandatory when the Board lacks qualified members. Natural justice requires providing relevant documents and opportunity for cross-examination. The case was remitted to reassess the child properly before deciding whether to try him as an adult.

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Juvenile Justice Children in Conflict with Law Preliminary Assessment Natural Justice Criminal Procedure Child Psychology Statutory Interpretation

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