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CJI Cautions Against Losing Sight of Child Status in Juvenile Cases

Chief Justice of India Surya Kant has underscored the need for judicial restraint in trying minors as adults, cautioning that children aged 16-18 must not be stripped of their child status despite provisions allowing prosecution for serious crimes.

LSN India · 11 October 2026

CJI Cautions Against Losing Sight of Child Status in Juvenile Cases

Chief Justice of India Surya Kant on Saturday emphasized that while the Juvenile Justice (Care and Protection of Children) Act, 2015 permits children aged 16 to 18 years to be tried as adults for the most heinous offences, the law must retain its protective purpose.

The CJI noted that such trials should only proceed following a careful preliminary assessment of the child's capacity and the circumstances of the case. The cautionary statement underscores the judiciary's responsibility to balance accountability with age-appropriate justice.

The 2015 Act represents India's legal framework for handling serious juvenile offenders, including provisions for adult trials in exceptional circumstances. However, the CJI's remarks highlight ongoing judicial concerns that procedural safeguards must prevent the complete abandonment of child protection principles in such cases.

His statement reflects broader jurisprudential tensions in addressing juvenile delinquency involving grave crimes, as courts navigate between rehabilitation objectives and accountability. The remarks come amid continued legal discourse on the appropriate treatment of adolescent offenders within India's criminal justice system.