When under the Juvenile Justice (Care and Protection of Children) Act, 2015 the Board passes an order that there is a need for trial of the child as an adult, it will transfer the case to -
Explanation:
This question pertains to the procedure under the Juvenile Justice (Care and Protection of Children) Act, 2015, specifically when the Juvenile Justice Board (JJB) determines that a child in conflict with the law, particularly one aged 16 to 18, should be tried as an adult for a heinous offence. The relevant provision is Section 15 of the Act. Let's analyze each option: Option (1): "Chief Judicial Magistrate." This option is incorrect. While Chief Judicial Magistrates (CJMs) are judicial officers with significant powers in the criminal justice system, the Juvenile Justice Act, 2015, establishes a specialized court system for children. Cases involving children, especially those deemed suitable for trial as adults, are not transferred to a CJM's court, which primarily handles adult criminal cases up to a certain severity. Option (2): "Session Court." This option is incorrect. The Sessions Court is a higher criminal court that tries serious offences. While it might seem a logical choice for adult trials, the JJ Act 2015 specifically mandates transfer to a 'Children's Court' for such matters. The Children's Court is presided over by a Sessions Judge or an Additional Sessions Judge, but it functions as a specialized court under the JJ Act, not as a regular Sessions Court for adults. Therefore, directly transferring to a 'Session Court' is not the precise legal terminology or procedure. Option (3): "District Court." This option is incorrect. A District Court is a broad term that can encompass various civil and criminal jurisdictions. In the context of criminal justice, the Sessions Court is often referred to as the District and Sessions Court. However, similar to the Sessions Court, the specific designation for handling cases under the JJ Act, particularly for trial as an adult, is the 'Children's Court'. Transferring to a generic 'District Court' is not the specific legal mandate. Option (4): "Children's Court." This is the correct option. Section 15(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015, states that if the Juvenile Justice Board, after a preliminary assessment under Section 15, is of the opinion that there is a need for trial of the child as an adult, the Board may order transfer of the case to the Children's Court having jurisdiction to try such offences. The Children's Court is a specialized court established under Section 2(20) read with Section 34 of the Act, which is designated to handle cases involving children, including those where a child aged 16-18 is to be tried as an adult for heinous offences. This ensures that even when tried as an adult, the proceedings occur within a framework designed to be sensitive to the child's age and circumstances, albeit with adult sentencing provisions.