(Trigger warning: Descriptions of violence. Reader discretion advised.)
After the Justice Juvenile Board (JJB) on Monday, 17 October, ruled that the juvenile who has been accused of murdering a seven-year-old boy in Gurugram’s Ryan International School in 2017, should be tried as an adult, the Supreme Court on Thursday, 20 October, granted him bail.
The Central Bureau of Investigation (CBI), which has been probing the case, had earlier on 4 October, submitted to the JJB that the accused juvenile must be tried as an adult.
The 16-year-old accused has been referred to as Bholu, while the seven-year-old victim has been referred to as Prince, during the CBI investigation, to withhold their identities, on the account of them being juveniles.
How did the case unfold? What happens when a juvenile is tried as an adult? Here's a primer on the case.
Ryan School Murder: What Happens When a Juvenile Is Tried as an Adult?
1. What Is the Case?
Prince, a class two student was found murdered with his throat slit, in the washroom of Gurugram's Ryan International School, on 8 September 2017. The same evening, Ashok Kumar, a school bus conductor was arrested – after he allegedly 'confessed' to the crime.
Two weeks later, the case was transferred from Gurgaon Police to the CBI. However, after two months of investigation, in November 2017, the central probing agency arrested Bholu, a class 11 student of the same school, for the murder. Meanwhile, bus conductor Kumar was granted bail.
The CBI had claimed that Bholu confessed to slitting the seven-year-old’s throat in the hope of postponing examinations and a parent-teacher meeting.
In December 2017, the JJB denied the 16-year-old Bholu’s bail plea and ordered that the juvenile be treated as an adult.
Expand2. When Can the JJB Try a Juvenile as an Adult?
The Juvenile Justice Act, 2000 was amended in 2015 with a provision which allows children in the age group of 16-18 years to be tried as adults if they are alleged to have committed a heinous offence, one that attracts a minimum punishment of seven years. The amendment was proposed in the backdrop of the 2012 Nirbhaya gang-rape and murder case in Delhi, wherein one of the perpetrators was a 17-year-old.
As per Section 15 of the Juvenile Justice Act, there are three parameters to be considered when conducting a preliminary assessment on whether the child should be tried as an adult:
If the child has the mental and physical capability to commit such an offence.
If the child has the ability to understand its consequences
The circumstances in which the offence was committed
Expand3. What Did the CBI Investigation Show
During the investigation in 2017, the CBI had tracked Bholu’s phone and gmail ID. It had placed on record that searches were made from the said gmail ID, which read, “how to remove your fingerprints, can you alter your fingerprints….”
The probing agency added that a month prior to the incident, internet searches were made about poisoning, various poisons, their affects, and sources.
The CBI asserted said that Bholu had earlier admitted to committing the murder, but later changed his version, and even tried to misguide the investigation. This shows that the then teenager was aware of the immediate consequences of the offence, and therefore should be tried as an adult, the board had said in its recent order.
Expand4. What Has Supreme Court Said Now?
Five years later, the case is back in news. Bholu was granted bail, after his plea was rejected 20 times, over the years.
On 10 October, the apex court benches, comprising of Justices Dinesh Maheshwari and JK Maheshwari allowed Bholu’s release on bail with the condition that he would be under the “continued supervision” of the probation officer.
The Supreme Court had, on 22 July, asked the board to examine the juvenile afresh before it is ascertained if he can be tried as an adult.
A bench of Justices Dinesh Maheshwari and Vikram Nath had then recommended that the Central government and National Commission for Protection of Child Rights (NCPCR) should establish uniform guidelines for the preliminary assessment of the physical and mental health of the accused so as to determine the nature of his/her trial.
Expand5. What Did the Juvenile’s Psychological Assessment Say?
The Quint accessed the detailed report dated 27 September 2022 from the Institute of Mental Health, UHS Rohtak, which has conducted the court-mandated preliminary test afresh to ascertain Bholu’s culpability in committing the murder of 7-year-old Prince.
Here are the findings of the report:
His IQ is 92, under the category of average intelligence and nil intellectual impairment
Current personality traits: tends to be aggressive, independent, daring and incisive
The Social Investigation Report shows that home environment was very conducive and supportive of the child. The family is from upper socio-economic strata with no negative or legal history
At school, Bholu was an average student in academic but good at playing the piano. He had no previous disciplinary notice against him
At the correctional home in Faridabad, Bholu was very calm, obedient and engaged in sports activities such as squash, badminton
At present, there is no evidence of physical, mental illness or intellectual impairment, and he has sufficient maturity to understand the consequences of the alleged offence.
There is no valid test or examination with reasonable scientific (medical/psychiatric) certainty that can retrospectively ascertain the mental capacity, maturity and ability to understand the consequences of the offence at the time of the commission of the offence as required by the court.
Expand6. What Has the Juvenile Justice Board (JJB) Ruled?
In its recent order dated 17 October 2022 accessed by The Quint, the Juvenile Justice Board has ruled that Bholu was aware of the crime he was committing at the time and had an understanding of its consequences.
This is what the JJB noted in its order:
Bholu’s IQ is 92, which comes under the category of average intelligence functioning. Thus, it can be concluded that Bholu was mentally fit at the time of committing the crime.
If today he has no physical, mental illness or intellectual impairment, the chances are very remote that he had such impairment at the time of committing the crime.
Since there is no evidence of physical, mental illness or intellectual impairment, Bholu has sufficient maturity and ability to commit the alleged offence and understand its consequences.
Expand7. Can IQ Tests Really Be Conclusive?
Supreme Court Advocate Saurabh Upadhyay told The Quint that psychological assessments, such as IQ tests are not conclusive. They are only a "guiding force."
Upadhyay said that earlier, to determine the age of the accused, tests such as bone density test were deployed, and the high-school certificate or the school-leaving certificate would suffice.
"The addition of the IQ test is indeed a step forward, but in no manner can it be a conclusive determination."
Saurabh Upadhyay, Supreme Court AdvocateHe said that the act was formulated keeping in mind that there is a greater chance of rehabilitating minors. "The focus should be on rehabilitation and not convicting these children and letting them suffer as adults."
Expand8. What Happens When a Juvenile Is Tried as an Adult?
An expert, who has handled similar cases, and did not want to be named, told The Quint, that when a juvenile is tried as an adult, the case is transferred to a Children’s Court.
Until the trial goes on (and even after conviction), the juvenile is remanded in a correctional facility, which is called a ‘Place of Safety’, where he/she undergoes periodic evaluation on their reformation.
If there is reform, then the Children’s Court can decide if the juvenile can be released with or without any pre-conditions. If not, then the juvenile will be shifted to a jail, after attaining an age of 21 years.
If the child is tried as a juvenile, the maximum punishment that can be awarded on conviction is three years, as opposed to when tried as an adult when the maximum sentence can go up to life imprisonment.
Expand9. How Has the Victim’s Father Responded to the Bail?
Prince's father told The Quint that they had opposed Bholu's bail plea because there have been instances where Bholu's family allegedly pressurised the judicial officers of the JJB as well as witnesses in the case.
If he comes out on bail, he will have a free hand, this our apprehension.
Prince's fatherFurther, Advocate Sushil Tekriwal, appearing for Prince's family, told The Quint, "We will not leave any stone unturned in getting the trial expedited and ensuring the juvenile is convicted. Grant of interim bail will not let die down the spirit and endeavours to continue the crusade for justice."
The next date of hearing in the case is on 31 October 2022.
(At The Quint, we question everything. Play an active role in shaping our journalism by becoming a member today.)
Expand
What Is the Case?
Prince, a class two student was found murdered with his throat slit, in the washroom of Gurugram's Ryan International School, on 8 September 2017. The same evening, Ashok Kumar, a school bus conductor was arrested – after he allegedly 'confessed' to the crime.
Two weeks later, the case was transferred from Gurgaon Police to the CBI. However, after two months of investigation, in November 2017, the central probing agency arrested Bholu, a class 11 student of the same school, for the murder. Meanwhile, bus conductor Kumar was granted bail.
The CBI had claimed that Bholu confessed to slitting the seven-year-old’s throat in the hope of postponing examinations and a parent-teacher meeting.
In December 2017, the JJB denied the 16-year-old Bholu’s bail plea and ordered that the juvenile be treated as an adult.
When Can the JJB Try a Juvenile as an Adult?
The Juvenile Justice Act, 2000 was amended in 2015 with a provision which allows children in the age group of 16-18 years to be tried as adults if they are alleged to have committed a heinous offence, one that attracts a minimum punishment of seven years. The amendment was proposed in the backdrop of the 2012 Nirbhaya gang-rape and murder case in Delhi, wherein one of the perpetrators was a 17-year-old.
As per Section 15 of the Juvenile Justice Act, there are three parameters to be considered when conducting a preliminary assessment on whether the child should be tried as an adult:
If the child has the mental and physical capability to commit such an offence.
If the child has the ability to understand its consequences
The circumstances in which the offence was committed
What Did the CBI Investigation Show
During the investigation in 2017, the CBI had tracked Bholu’s phone and gmail ID. It had placed on record that searches were made from the said gmail ID, which read, “how to remove your fingerprints, can you alter your fingerprints….”
The probing agency added that a month prior to the incident, internet searches were made about poisoning, various poisons, their affects, and sources.
The CBI asserted said that Bholu had earlier admitted to committing the murder, but later changed his version, and even tried to misguide the investigation. This shows that the then teenager was aware of the immediate consequences of the offence, and therefore should be tried as an adult, the board had said in its recent order.
What Has Supreme Court Said Now?
Five years later, the case is back in news. Bholu was granted bail, after his plea was rejected 20 times, over the years.
On 10 October, the apex court benches, comprising of Justices Dinesh Maheshwari and JK Maheshwari allowed Bholu’s release on bail with the condition that he would be under the “continued supervision” of the probation officer.
The Supreme Court had, on 22 July, asked the board to examine the juvenile afresh before it is ascertained if he can be tried as an adult.
A bench of Justices Dinesh Maheshwari and Vikram Nath had then recommended that the Central government and National Commission for Protection of Child Rights (NCPCR) should establish uniform guidelines for the preliminary assessment of the physical and mental health of the accused so as to determine the nature of his/her trial.
What Did the Juvenile’s Psychological Assessment Say?
The Quint accessed the detailed report dated 27 September 2022 from the Institute of Mental Health, UHS Rohtak, which has conducted the court-mandated preliminary test afresh to ascertain Bholu’s culpability in committing the murder of 7-year-old Prince.
Here are the findings of the report:
His IQ is 92, under the category of average intelligence and nil intellectual impairment
Current personality traits: tends to be aggressive, independent, daring and incisive
The Social Investigation Report shows that home environment was very conducive and supportive of the child. The family is from upper socio-economic strata with no negative or legal history
At school, Bholu was an average student in academic but good at playing the piano. He had no previous disciplinary notice against him
At the correctional home in Faridabad, Bholu was very calm, obedient and engaged in sports activities such as squash, badminton
At present, there is no evidence of physical, mental illness or intellectual impairment, and he has sufficient maturity to understand the consequences of the alleged offence.
There is no valid test or examination with reasonable scientific (medical/psychiatric) certainty that can retrospectively ascertain the mental capacity, maturity and ability to understand the consequences of the offence at the time of the commission of the offence as required by the court.
What Has the Juvenile Justice Board (JJB) Ruled?
In its recent order dated 17 October 2022 accessed by The Quint, the Juvenile Justice Board has ruled that Bholu was aware of the crime he was committing at the time and had an understanding of its consequences.
This is what the JJB noted in its order:
Bholu’s IQ is 92, which comes under the category of average intelligence functioning. Thus, it can be concluded that Bholu was mentally fit at the time of committing the crime.
If today he has no physical, mental illness or intellectual impairment, the chances are very remote that he had such impairment at the time of committing the crime.
Since there is no evidence of physical, mental illness or intellectual impairment, Bholu has sufficient maturity and ability to commit the alleged offence and understand its consequences.
Can IQ Tests Really Be Conclusive?
Supreme Court Advocate Saurabh Upadhyay told The Quint that psychological assessments, such as IQ tests are not conclusive. They are only a "guiding force."
Upadhyay said that earlier, to determine the age of the accused, tests such as bone density test were deployed, and the high-school certificate or the school-leaving certificate would suffice.
"The addition of the IQ test is indeed a step forward, but in no manner can it be a conclusive determination."Saurabh Upadhyay, Supreme Court Advocate
He said that the act was formulated keeping in mind that there is a greater chance of rehabilitating minors. "The focus should be on rehabilitation and not convicting these children and letting them suffer as adults."
What Happens When a Juvenile Is Tried as an Adult?
An expert, who has handled similar cases, and did not want to be named, told The Quint, that when a juvenile is tried as an adult, the case is transferred to a Children’s Court.
Until the trial goes on (and even after conviction), the juvenile is remanded in a correctional facility, which is called a ‘Place of Safety’, where he/she undergoes periodic evaluation on their reformation.
If there is reform, then the Children’s Court can decide if the juvenile can be released with or without any pre-conditions. If not, then the juvenile will be shifted to a jail, after attaining an age of 21 years.
If the child is tried as a juvenile, the maximum punishment that can be awarded on conviction is three years, as opposed to when tried as an adult when the maximum sentence can go up to life imprisonment.
How Has the Victim’s Father Responded to the Bail?
Prince's father told The Quint that they had opposed Bholu's bail plea because there have been instances where Bholu's family allegedly pressurised the judicial officers of the JJB as well as witnesses in the case.
If he comes out on bail, he will have a free hand, this our apprehension.Prince's father
Further, Advocate Sushil Tekriwal, appearing for Prince's family, told The Quint, "We will not leave any stone unturned in getting the trial expedited and ensuring the juvenile is convicted. Grant of interim bail will not let die down the spirit and endeavours to continue the crusade for justice."
The next date of hearing in the case is on 31 October 2022.
(At The Quint, we question everything. Play an active role in shaping our journalism by becoming a member today.)