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Supreme Court of India 2020-01-09 dismissed

SHILPA MITTAL vs STATE OF NCT OF DELHI

Bench: 2 — Deepak Gupta, Aniruddha Bose

In Brief

A juvenile aged above 16 was accused of causing death through a motor vehicle accident under IPC Section 304. The Juvenile Justice Board classified this as a 'heinous offence' requiring trial as an adult, but the High Court disagreed, noting that no minimum sentence was prescribed. The Supreme Court held that 'heinous offence' under the 2015 Act requires a minimum sentence of 7 years; Section 304 does not qualify. The Court recognized a statutory gap for serious offences exceeding 7 years maximum but lacking minimum sentences, directing such offences be treated as 'serious' rather than 'heinous' until Parliament addresses this lacuna.

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Juvenile Justice Criminal Law Statutory Interpretation Children's Rights

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