In Brief
A juvenile (aged 16-18) was alleged to have caused death by culpable homicide under Section 304 IPC, punishable with life imprisonment or up to 10 years (no minimum sentence prescribed). A Juvenile Justice Board held he committed a 'heinous offence' and should be tried as an adult. The High Court disagreed, finding that since the offence carried no minimum 7-year sentence, it was not 'heinous' under Section 2(33) of the Juvenile Justice Act, 2015. The Supreme Court upheld this view, holding that 'heinous offence' requires a minimum sentence of 7 years or more—the word 'minimum' cannot be removed. The Court recognised a legislative gap (4th category of offences) and directed such offences be treated like 'serious offences' pending Parliament's action. The Court also directed removal of the child's name from the High Court judgment per Section 74 protections.
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