Preliminary assessment

What is Preliminary assessment

Preliminary assessment is meant to evaluate a child's mental and physical capacity to commit a crime, their ability to understand the consequence, and the circumstances under which it was committed. This evaluation is for children aged 16-18 accused of a heinous offence to determine if they should be tried as adults.

Official definition of preliminary assessment

Preliminary assessment as defined in legislation

Section 15 of The Juvenile Justice (Care and Protection of Children) Act 2015 states that in the case of a heinous offence committed by a child, who has completed or is above the age of sixteen years, the Board shall conduct a preliminary assessment with regard to his mental and physical capacity to commit such offence, ability to understand the consequences of the offence and the circumstances in which they allegedly committed the offence. The preliminary assessment is not a trial, but is for the purposes of assessment of the capacity of the child to commit and understand the consequences of the offence.

As per Section 14(3) of The Juvenile Justice (Care and Protection of Children) Act 2015, the preliminary assessment shall be disposed of by the Board within a period of three months from the date of first production of the child before the Board.

Section 10A of The Juvenile Justice Model Rules 2016 states that for the purposes of conducting a preliminary assessment, the Board may take assistance of psychologists or psycho-social workers or other experts who have experience of working with children in difficult circumstances. The child is presumed to be innocent while making the preliminary assessment.

Legal provisions relating to preliminary assessment

Mental and physical capacity

Section 15(1) of The Juvenile Justice (Care and Protection of Children) Act 2015 takes note of the mental and physical capacity of the child to commit such an offence. It also takes heed of the child’s ability to understand the consequences of the crime and the circumstances in which the crime was committed.

Presumption of innocence

Section 15(1) of The Juvenile Justice (Care and Protection of Children) Act 2015 explicitly mentions that the preliminary assessment is not to be treated as a trial. Section 10A of The Juvenile Justice Model Rules 2016 says that the child is to be considered innocent while making the preliminary assessment.  

Inquiry by the Board

Section 14(3) of The Juvenile Justice (Care and Protection of Children) Act 2015 states that a preliminary assessment in case of heinous offences under section 15 of the JJ Act shall be disposed of by the Board within a period of three months from the date of first production of the child before the Board.

Preliminary Assessment as defined in Official Docuemnts

NCPCR guidelines for conducting preliminary assessment under section 15 of the Juvenile Justice Act (JJ) Act, 2015

The National Commission for Protection of Child Rights (NCPCR) released NCPCR guidelines for conducting preliminary assessment under section 15 of the Juvenile Justice Act (JJ) Act, 2015. It set out a standardised framework to conduct the preliminary assessment and put forth essential elements of the final report by the Juvenile Justice Board. The final report submitted to the Children's Court should include JJB's decision on transfer or trail, socio-demographic details of the child, whether the child also qualifies as a child in need of care and protection, details of the procedure followed by JJB, psychologists and other experts and the reason for including or excluding the the observations recorded in the SBR, SIR and witness report.

Preliminary assessment as defined in international instruments

United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules)

Rule 4 of the United Nations Standard Minimum Rules for the Administration of Juvenile Justice ("The Beijing Rules") draws attention to the method of determining the age of criminality. It maintains that one needs to bear in mind the facts of emotional, mental and intellectual maturity of the child and warns against fixing a limit that is too low. Rule 14 talks about the competent authority to adjudicate. This is determined by a process of assessment that takes into account the facts of the case and works alongside the principles of a fair and just trial. Rule 16 describes a social inquiry report that is an indispensable part of legal proceedings involving juveniles. It prescribes a detailed inquiry into the child’s education and family background, in the form of a preliminary assessment.

Preliminary assessment as defined in case laws

Ajeet Gurjar Vs. The State of Madhya Pradesh

In Ajeet Gurjar Vs. The State of Madhya Pradesh, it was held that the Children’s Court can only act in accordance with the provisions of Section 19(1)(i) of The Juvenile Justice (Care and Protection of Children) Act 2015 and cannot brush aside the requirements of a preliminary assessment, prescribed by Section 15 and Section 18(3) of The Juvenile Justice (Care and Protection of Children) Act 2015.

Thirumoorthy Vs. State represented by The Inspector of Police

Thirumoorthy Vs. State represented by The Inspector of Police followed a similar path and the Supreme Court of India held that a trial cannot be initiated without the completion of a preliminary assessment and that the Children’s Court is bound by Section 19(1)(i) of The Juvenile Justice (Care and Protection of Children) Act 2015 to only decide if the child is to be tried as an adult after it receives the preliminary assessment.

Juvenile v State of U.P. and another (

In Juvenile v State of U.P. and another, the Allahabad High Court put forth a set of provisions detailing the method of evaluation. A psychologist is required to submit a report following a detailed assessment of the child, including an evaluation of the child’s intelligence quotient (IQ) and emotional quotient (EQ). The degree of intellectual disability, if any, should be presented to determine the mental capacity of the child to commit such an offence and understand its consequences. A Social Investigation Report about the background of the child is to be prepared by the probation officer or a child welfare officer. The report should also extend to the previous offences of the child, if any, and the child's school record and education. Based on this assessment, the Board may issue an order under Section 18(3). To assist with the assessment, the board can seek help from experienced psychologists, psychosocial workers, or other relevant experts. For petty or serious offences, or heinous offences committed by children under 16, the Board can issue orders based on the offence's nature, the child's need for supervision or intervention, and the social investigation report. These orders include allowing the child to return home after counselling, directing participation in group counseling or community service, imposing fines, probation under supervision, or sending the child to a special home for reformative services for up to three years. After receiving a preliminary assessment, the court can decide if there is a need for trial as an adult or not. It should ensure that the final order, with regard to a child in conflict with law, shall include an individual care plan for the rehabilitation of the child, including follow-up by the officer. The court will ensure that the child will be sent to a place of safety till 21 and the remaining term in jail after 21 and reformative services including educational services, skill development, alternative therapy such as counseling, behaviour modification therapy, and psychiatric support will also be provided. A periodic follow-up is conducted and sent to the children's court.