Chhattisgarh High Court sets aside conviction of a juvenile tried as an adult, citing violations of mandatory safeguards under the Juvenile Justice Act

News Citation : 2026 LN (HC) 66 | 2026:CGHC:4041-DB

Bilaspur, January 23, 2026 : The High Court of Chhattisgarh has set aside the conviction and sentence of a man who was tried as an adult for serious criminal offences committed when he was a juvenile, holding that the trial was conducted in clear violation of mandatory safeguards under the Juvenile Justice Act.

A Division Bench comprising Justice Sanjay K. Agrawal and Justice Arvind Kumar Verma allowed Criminal Appeal No. 932 of 2019 and quashed the 2019 judgment of the Children’s Court in Durg, which had sentenced the accused to ten years’ imprisonment for offences including kidnapping and rape under the Indian Penal Code and the Protection of Children from Sexual Offences Act.

The case related to an incident that took place on 12 November 2016. At the time of the alleged offence, the accused was 16 years, 9 months, and 10 days old, placing him within the category of a child in conflict with law under the Juvenile Justice (Care and Protection of Children) Act, 2015. Based on a preliminary assessment, the Juvenile Justice Board transferred the case to the Children’s Court for trial as a heinous offence.

However, the High Court found that the mandatory procedure prescribed under Sections 15 and 19 of the Juvenile Justice Act and the corresponding Rules of 2016 was not followed at any stage. The Juvenile Justice Board had sought a psychologist’s report but failed to supply a copy of the report to the child, his guardian, or his counsel, denying them a meaningful opportunity to respond before transferring the case to the Children’s Court.

The Bench further observed that the Children’s Court mechanically relied on the preliminary assessment of the Board and proceeded to frame charges without conducting the independent inquiry required under Section 19 of the Act. Crucially, the court did not record any finding on whether there was a legal necessity to try the child as an adult, a determination that carries lifelong consequences for a juvenile.

Relying on recent Supreme Court rulings, including Barun Chandra Thakur v. Master Bholu and Ajeet Gurjar v. State of Madhya Pradesh, the High Court reiterated that compliance with Sections 15 and 19 of the Juvenile Justice Act is mandatory and not a procedural formality. The court emphasized that trying a juvenile as an adult affects sentencing limits, disqualification from employment, and the retention of criminal records, making strict adherence to due process essential.

Given that the appellant is now around 26 years old, the Bench held that it was no longer possible to conduct a meaningful assessment of his mental and physical capacity as required by law. As a result, the court declined to remit the matter for a fresh inquiry and concluded that the entire trial stood vitiated.

The High Court accordingly quashed the conviction and sentence dated 25 May 2019. As the appellant is already on bail, he has been relieved from surrendering, though his bail bond will remain in force for six months under Section 437-A of the Criminal Procedure Code. The court also directed that a copy of the judgment be circulated to all Juvenile Justice Boards and the concerned Children’s Court for guidance and compliance.

Case Reference : CRA No. 932 of 2019: Rajkumar @ Raja Dewangan, Durg v. State of Chhattisgarh; Counsel for the Appellant: Mr. Rahil Arun Kochar, Advocate; Counsel for the State-Respondent: Mr. Rahul Tamaskar, Government Advocate, and Dr. S. K. Dewangan, Panel Lawyer.