Ryan murder: Juvenile to be tried as adult, but why?Last updated on Dec 20, 2017, 04:15 pm
The 16-year-old Class 11 student accused of the murder of seven-year-old Pradyuman Thakur will be tried as an adult, the Juvenile Justice Board (JJB) has ruled.
He was arrested in November, two months after Pradyuman was found in a washroom of Ryan International School, Gurgaon, with his throat slit.
This ruling of the JJB will impact the way the case is heard. Here's more.
What does the law say on juvenile criminals?
Juvenile law gained attention when the main accused in Nirbhaya's rape, then a few months younger than 18, was released three years later; the others are facing death sentence.
The Juvenile Justice (Care and Protection of Children) Amendment Bill, 2015, allowed for those aged 16-18 to be tried as adults in heinous crimes.
"Heinous crimes" are those punishable by seven years' imprisonment or more.
What was the Ryan case juvenile pronounced an "adult"?
In the Ryan case, the JJB based its order on psychological evaluation of the teenager, which indicated he was hyper-aggressive and restless.
The boy was mentally and physically capable of committing the alleged offense, it had submitted.
The JJB also reportedly observed he had confessed at first, but later retracted alleging custodial torture.
It concluded the boy was "average" and "has a mature mind".
How does this affect the hearing?
The JJB ruled that IPC Section 302 (murder) had been "rightly invoked" in the case.
The JJB's verdict implies if the boy is convicted, he won't be released after three years; he will be lodged in a correctional home till he turns 18, then shifted to jail.
However, the court has the power to re-decide whether he should be tried as an adult.
Juvenile's counsel says will challenge JJB order in court
The teenager's family has expressed disappointment over the order. His counsel said they would challenge the JJB's ruling in sessions court.
But for Pradyuman's family, this is good news. "Though (justice) is long way to go, the first hurdle is over," said Barun Thakur, the victim's father.
He added they wanted to set a precedent to check crimes by kids.