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Supreme Court of India 2024-05-07 disposed

THROUGH HIS MOTHER vs THE STATE OF KARNATAKA AND ANOTHER

Bench: 2 — C.T. Ravikumar, Rajesh Bindal

In Brief

A 16-year-old child was arrested for rape and other offences and brought before a Juvenile Justice Board. The Board's Principal Magistrate directed that the child be tried as an adult in Children's Court, but another member dissented. Later, two different Board members reversed this and directed juvenile trial. The child's mother sought to reinstate adult trial, and the High Court allowed her revision petition. The Supreme Court held that the three-month deadline for preliminary assessment is directory, not mandatory, and can be extended by the Chief Judicial Magistrate for stated reasons. The Court affirmed the Principal Magistrate's order was final under the dissent rule, allowed the child a belated appeal within 10 days, and directed Boards to identify members and record procedural details in all orders.

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Juvenile Justice Child in Conflict with Law Criminal Procedure Preliminary Assessment Statutory Interpretation Mandatory vs Directory Provisions Appellate Jurisdiction Judicial Procedure

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