Bail Rejected Of Minor In Pune Porsche Car Crash Case

Early on Sunday morning in Kalyani Nagar, Pune, Maharashtra, a Porsche car that was allegedly driven by a teenager who the police suspect was intoxicated at the time fatally struck two software engineers riding motorbikes.

After being produced before the JJB, the adolescent—the 50-year-old son of real estate developer Vishal Agarwal—was given bail a few hours later. Afterward, police went up to the JJB once more to request a review of its order.

The kid was remanded to the observation home by the JJB on Wednesday until June 5 in response to an outcry over the boy's rapid bail. The Nehru Udyog Kendra observation home in Yerawada is where the Child-in-Conflict with Law (CCL) is currently staying with the other CCLs after being taken there right away.

Advocate Prashant Patil, who represented the teenager at the JJB hearing, claims that it can take up to two months to determine whether a juvenile accused of a crime should be treated as an adult because reports from psychiatrists and counselors, among others, are requested before the JJB decides.

According to Patil, the CCL would be held at the rehabilitation facility for the duration of the detention, with certain guidelines in place. "To promote the CCL's mental health and aid in his reintegration into society, the board has issued guidelines about assigning a psychologist, psychiatrist, or counselor to him. The JJ Board's operational order has ordered the youngster to an observation home until June 5th.

Procedure under the JJ Act

The Juvenile Justice (Care and Protection of Children) Act, 2015, sometimes known as "the JJ Act," governs how juveniles in legal trouble are handled. After taking into account the age and seriousness of the offense committed, a juvenile may be brought before the court system for any number of reasons, including having committed a crime or conflicting with the law (Section 18 of the Act).

The trial of juveniles as adults is a new legal proceeding introduced by the Act of 2015. For minors who commit certain offenses, this implies that they may also be subject to the adult criminal justice system.

Section 15 of the Act only allows for preliminary examination in the case of children committing severe acts. The Juvenile Justice Board ("Board"), as described in Section 2(10), is the subject of this provision's preliminary examination. An investigation process known as a preliminary assessment is used to ascertain a juvenile's mental and physical capacity for the offense they committed.

Preliminary assessment under section 15 of JJ Act

A person under eighteen is considered a juvenile, as defined under sub-section 35 of Section 2 of the Act. A child who is considered to conflict with law under Section 2(13) may be the subject of an investigation or preliminary evaluation under this Act (but only in cases of serious offenses). Preliminary assessments are, to put it literally, unofficial methods of conducting research that lead to the determination of two things.

Juveniles in dispute with the law must have a preliminary assessment conducted under Section 15 of the Act, subject to the following requirements: 

• Adolescents who are 16 years of age or younger;
• Committing a heinous offense as specified by Act Section 2(33).

To ascertain if the previously listed requirements are met, the Juvenile Justice Board performs an initial examination. A juvenile's capacity to conduct the crime is assessed on both a mental and physical level. The Board issues a reasonable order about whether a minor can be tried in a Court of Law as an adult based on the findings of such a preliminary assessment.

Inquiry for preliminary assessment

One type of inquiry that falls under Section 14 of the Act, which allows the Board to investigate a child who violates the law, is the assessment process. Furthermore, the Board is required under Section 14(5) of the Act to provide a prompt and impartial investigation. Additionally, it stipulates that Section 15's guidelines would be followed in handling the investigation into the horrific crimes committed by minors between the ages of 16 and 18.

In 2015, the Act underwent a revision in response to the Nirbhaya case. Section 15 included a provision for preliminary evaluation, which among other things allowed for the trial of certain minors as adults.

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