Landmark order in hit-and-run - Juvenile accused in Delhi Mercedes case to be tried as an adult

Siddharth , who was killed in the hit-and-run accident

Ananya Sengupta, TT, New Delhi, June 4: A juvenile justice board in the capital today allowed Delhi police's plea to try the minor accused in a hit-and-run case as an adult, in what would also be a test-case trial for the amended juvenile justice act.

In its order the board (JJB) said there was no doubt in its mind that the boy, who ran over a 32-year-old marketing executive on April 4 while driving his father's Mercedes, was mentally and physically capable of understanding the consequences of his actions.

"On the date of (the) incident he had the ability to understand the consequences of the offence. He drove very fast and dangerously, despite (the) warning of his friends, who were co-occupants of his car at the time of (the) incident," the board said.

In its order the board also said the boy - out on bail since April 26 after being allowed to appear for entrance exams - didn't stop after the accident but fled, which clearly reflected that he understood the gravity of the offence.

"The circumstances collectively indicate that he was indifferent towards (the) life and safety of other users of the road but mature enough to think of ways to escape from lawful punishment of the offence," the JJB order said.

This is the first case of its kind since the amendments in the Juvenile Justice (Care and Protection of Children) Act, 2015, allowed the board to treat as adults juveniles between 16 and 18 if charged with heinous offences.

The amendments had been brought in by the women and child development ministry, headed by Maneka Gandhi.

According to Section 2(33) of the act, "heinous offences" include those that attract a minimum jail term of seven years under the Indian Penal Code or under any other law now in force.

In this case, Delhi police had booked the juvenile for culpable homicide not amounting to murder, an offence that could send a person to jail for at least 10 years.

The amended act also allows juvenile justice boards to take a call on the mental capacity of an accused along with his level of maturity.

The boy had run over Siddharth Sharma when the marketing executive was trying to cross a road near Ludlow Castle School in north Delhi. In its application to the board, Delhi police had sought permission to try the boy, who turned 18 four days after the accident, as an adult.

What made up the board's mind, sources said, was his record as a repeat offender and propensity for breaking rules.

The boy had been fined several times earlier - twice for speeding, once for not wearing a seat belt and once for a parking offence. He had also been fined for a minor traffic accident.

The board's order can, however, be rejected by a children's court that can rule in favour of the juvenile when he appeals or even pass an independent order. But even if the children's court decides that the juvenile will be tried as an adult, it has to follow child-friendly provisions in the JJ Act.

These provisions include in-camera trial, no handcuffs and no jail term - during trial or after conviction - till a juvenile turns 21. Once a juvenile reaches 21 years, the children's court has to take a call, based on reports submitted by an officer, to either release him from the "place of safety" and appoint a monitoring authority for the remainder of the prescribed term or send him to complete his term in jail.

Sharma's family members, who had turned his death into a crusade for justice, welcomed what they called a "really important" decision.

"We are fighting so that we can set a precedent. This is really important because kids who drive today have no respect for human lives. They are on a killing spree. I hope this order will make them stop," Sharma's sister Shilpa Mittal said.

The police have also chargesheeted the juvenile's father and the family driver. Both are out on bail.