An apex court bench of Justice B.S. Chauhan and Justice S.A. Bobde issued notice after counsel Aman Hingorani told the court that under sections 82 and 83 of the act, a magistrate being confronted with a juvenile accused only ascertains whether he is above or below 18 years and accordingly remands the matter to the Juvenile Justice Board or the trial court.
This protection is provided to the accused aged between 16 and 18.
Hingorani said that given the gravity of the offence, the magistrate must go into the mental maturity of the accused and his understanding of the consequences of his criminal act.
Hingorani appeared for the father of Dec 16, 2012 Delhi gang-rape victim.
Notice has also been issued to the women and child development ministry.
The notice came on a day when it was reported that a cabinet note was being readied to amend the law to provide that youngsters aged above 16 who are guilty of heinous crimes be treated at par with adults.