Maharashtra seeks law change to try juveniles accused of heinous crimes as adults

Criminals exploit legal loopholes, knowing juveniles cannot receive the same punishment as adults. Representation pic/istock

The Maharashtra government is pushing for a legal amendment to allow children aged 16 to 18 accused of heinous crimes to be tried as adults.

Rising concern

During Question Hour in the state legislative assembly, Eknath Shinde, Shiv Sena leader Arjun Khotkar, and Senior BJP MLA Sudhir Mungantiwar raised concerns over the growing involvement of children in serious crimes such as drug peddling, rape, and murder. MLAs said the existing law is being misused by criminals and demanded amendments to plug the loophole. Mungantiwar also called for a scientific study before changes are made.

Chief Minister Devendra Fadnavis

Adult trial

Chief Minister Devendra Fadnavis, who also holds the home portfolio, said, "Juveniles below 18 are generally sent to children's homes, where they undergo counselling and are tried under the juvenile justice system. However, in serious offences such as murder and rape, the Supreme Court has held that accused aged 16 to 18 can be tried as adults if they are found capable of understanding the nature and consequences of their actions. In such cases, an application can be moved before the court to seek trial under similar provisions."

Study panel

Fadnavis said many criminals exploit legal protection available to juveniles by using children below 18 to commit crimes, knowing they cannot receive the same punishment as adults. He said the state will examine legal changes to invoke provisions of the Maharashtra Control of Organised Crime Act (MCOCA) against adults who directly or indirectly use juveniles for crime. He also said he would raise the issue with the Union Home Minister if amendments at the Centre are required. Accepting Mungantiwar's suggestion, Fadnavis announced a committee to conduct a scientific study and recommend measures to tackle the issue.