A. Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), Section 18(1)(3) – CCL/ Child in conflict with law – Assessment of -- Consequences of the offence – Capacity to understand -- Even if the child had the mental capacity to commit the alleged offence, then too it would not be construed that he automatically had the capacity to understand the consequence of his act -- It is clearly spelt out by the Probation Officer in the Social Investigation Report that, the petitioner did not possess the capacity to understand the consequence of the alleged offence -- J.J.B. ought to have, instead of exercising the power under Section 18(3) of the Act of 2015, resorted to the provisions of Section 18(1), the prime object whereof is to ensure the rehabilitation and reintegration of the C.C.L. into the society – Case remanded to the J.J.B.

(Para 34-36, 44)

B. Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), Section 3, 8(3), 18(1)(3) – CCL/ Child in conflict with law – Assessment of – CCL/ Parents/ guardians as party – Supply of medical report and social investigation report -- Requirement of -- C.C.L. and his parent or guardian were never made to participate at any stage of the process -- Medical report and social investigation report were also not provided to them well before in time, rather only five minutes’ time was afforded to peruse the reports before addressing arguments -- J.J.B. ought to have provided the documents/ reports to the C.C.L.’s parent/counsel well before in time, thereby enabling the latter to make proper assistance – Matter remanded back to JJB.

(Para 42, 44)