JUVENILES IN CONFLICT WITH LAW: A CRITICAL ANALYSIS OF THE HEINOUS OFFENCE EXCEPTION UNDER JJ ACT, 2015 AND ITS CONSTITUTIONAL IMPLICATIONS

The Juvenile Justice (Care and Protection of Children) Act, 2015 introduced a paradigm shift
in India’s juvenile justice jurisprudence by permitting children in the age group of 16-18 years
to be tried as adults for heinous offences through a preliminary assessment mechanism under
Section 15. This research paper critically examines the constitutionality of this provision,
analyzing whether it violates the fundamental rights guaranteed under Articles 14, 15(3), and
21 of the Indian Constitution. The study evaluates recent judicial pronouncements, including
the Supreme Court’s interpretation in Shilpa Mittal v. State of NCT of Delhi (2020) and Child
in Conflict with Law (CCL) v. State of Karnataka (2024), while comparing India’s approach
with international standards under the UN Convention on the Rights of the Child. The paper
argues that while the provision attempts to balance public safety concerns with juvenile
rehabilitation, it creates an arbitrary classification that may violate constitutional guarantees
and India’s international obligations. Through doctrinal analysis and comparative study, the
research demonstrates that the preliminary assessment mechanism lacks scientific rigor and
procedural safeguards, potentially compromising the rehabilitative philosophy underlying
juvenile justice. The paper concludes with recommendations for reform to ensure constitutional
compliance while maintaining the best interests of the child as the paramount consideration.
Keywords: Juvenile Justice, Heinous Offences, Constitutional Law, Articles 14, 15(3), 21, UN
Convention on Rights of Child, Preliminary Assessment, Child Rights