In Brief
The Supreme Court considered whether an offence under IPC Section 304 (causing death by negligence) with a maximum sentence exceeding 7 years but no mandatory minimum qualifies as 'heinous' under the Juvenile Justice Act 2015. The Court held such offences cannot be classified as heinous, as a 'heinous' offence requires a minimum 7-year sentence. However, recognising a statutory gap affecting child offenders committing serious crimes, the Court directed that offences with maximum sentences over 7 years be treated as 'serious' until Parliament clarifies the law. This protects children pending legislative reform."
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