Juvenile Justice Act, 2015 · Section 2(33) & 2(54)

Check whether an offence is Heinous under the Juvenile Justice Act, 2015

Enter every section a child in conflict with law (CICL) has been charged with to see whether the offence is heinous, not heinous, or depends on other charges/facts.

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Choose the statute, then find the section. If that section has sub-clauses with different classifications, you'll be asked to pick the exact one.

Preliminary assessment should only be done in heinous offences.

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Why does it matter whether the offence is heinous or not as per the Juvenile Justice Act (JJ Act), 2015?

Identifying whether an offence is Heinous or not under the definition of offences under the JJ Act, 2015 is important, particularly in the context of —

  1. Preliminary assessment under section 15, JJ Act, 2015 for children between the ages of 16–18 who have allegedly committed heinous offences.
  2. At the time of the FIR, Rule 8, JJ Model Rules, 2016, directs the police to file an FIR for Heinous offences. In other offences, a general diary complaint can be filed.
  3. The power to apprehend shall only be exercised with regard to heinous offences, unless it is in the best interest of the child.

Definition of Heinous offence.
Section 2(33), JJ Act, 2015 — “heinous offences” includes the offences for which the minimum punishment under the Indian Penal Code or any other law for the time being in force is imprisonment for seven years or more.

This tool also takes into consideration the 2021 Amendment of the JJ Act, 2015, which clarified that if an offence has no minimum punishment or a minimum punishment of less than 7 years, it will be a serious offence and will not be heinous. (Section 2(54), JJ Act, 2015)

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