In which of the following situations, the general principle of presumption of innocence of a child in conflict with law shall not be applicable?
Verified Answer
A. When the child is charged for the offence of murder punishable under Section 302 of IPC.
B. When the child is charged for the offence of gang rape punishable under Section 376(2)(g) of IPC.
C. Where the Juvenile Justice Board has passed an order under Section 15 read with Section 18(3) of the Juvenile Justice (Care and Protection of Children) Act that the child should be tried as an adult.
D. None of the above.
Explanation:
The Juvenile Justice (Care and Protection of Children) Act, 2015, allows for children between 16-18 years, who commit heinous offences, to be tried as adults if the Juvenile Justice Board conducts a preliminary assessment and passes an order under Section 15 read with Section 18(3). In such a scenario, the child is no longer treated under the juvenile justice system for the purpose of trial, and the presumption of innocence as a child would not apply in the same way as they are tried under the adult criminal justice system.