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Supreme Court of India 2022-07-13 dismissed

Barun Chandra Thakur vs Master Bholu & Anr

Bench: 2 — Vikram Nath

In Brief

In this case, the Supreme Court examined whether a 16-year-old student accused of murder should be tried as an adult. The Board and lower court relied on an IQ test showing average intelligence to conclude he could understand the consequences of his actions. The Court held this was insufficient. It ruled that assessing a child requires examining not just IQ, but emotional maturity, social competencies, and understanding of ALL consequences—including long-term impacts. The Court stressed that children tend toward instant gratification and are more influenced by emotion than reason. It also found the Board violated fair procedure by not providing documents in advance and denying cross-examination. The Court dismissed both appeals, upholding the High Court's remand for a fresh, comprehensive assessment with proper procedural safeguards.",

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