JJB Denies Request to Try Minor as Adult; Pune Lawyers Say No Juvenile in Heinous Crimes Has Faced Adult Trial So Far

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On Tuesday, the Juvenile Justice Board (JJB) rejected the Pune police’s plea to try the minor involved in the fatal Porsche car accident as an adult. While the police have decided to appeal this decision, members of the legal community noted that no minor has been tried as an adult within the Pune Police Commissionerate’s jurisdiction since the Nirbhaya case in 2012.“I don’t recall a minor involved in a serious crime ever being tried as an adult in Pune courts. In fact, I don’t think the police have even filed such applications before the JFMC court or District Sessions Court,” said advocate Milind Pawar, former president of the Pune Bar Association, in an interview with The Indian Express.

Criminal lawyer Sushil Mancharkar echoed this sentiment, adding, “Not just for accidents, but even minors accused of heinous crimes like rape and murder have never been tried as adults across Maharashtra post the Nirbhaya verdict.”When asked for comment, Pune Police Commissioner Amitesh Kumar said he was unsure if any minor had ever been tried as an adult in Pune, including in murder cases. He explained, “The court ruled that the minimum punishment for the offence committed is seven years, but the Supreme Court has ruled that only heinous offences such as murder and rape qualify for adult trial.

The JJB has followed this apex court ruling.”Kumar confirmed that the Pune police will appeal the JJB’s decision in the sessions court. He also highlighted that 10 accused in the case—including the minor’s father—have remained in judicial custody for more than a year.The police had filed a review petition seeking to try the minor as an adult under Section 304 of the IPC (culpable homicide not amounting to murder), which carries a maximum sentence of 10 years. This move came amid public outrage after the minor was granted bail by the JJB.The Juvenile Justice (Care and Protection) Act was amended in 2015 following the 2012 Nirbhaya case, allowing JJBs to try minors above 16 years for heinous crimes as adults.