Assam Juvenile Justice Board Orders adult trial for 17-year-old in Hailakandi rape-murder case

The Juvenile Justice Board (JJB) in Assam’s Hailakandi district has ordered that a 17-year-old accused in the alleged rape and murder of a 16-year-old girl be tried as an adult, following a preliminary assessment of the case, including psychological and medical reports.

Hailakandi police said in a statement on Tuesday that the board’s principal magistrate passed the order after considering the nature of the alleged offence, a psychological assessment report, a preliminary assessment report from Silchar Medical College and Hospital (SMCH), and an offence report submitted by the investigating officer.

The decision comes more than two months after the girl was found dead at her home in the Aloichora area under Katlicherra police station on the night of August 1. According to Senior Superintendent of Police Amitab Sinha, the accused was 17 years and five months old at the time of the incident. He was detained by police in the first week of August.

A case was registered at Katlicherra police station under relevant provisions of the Bharatiya Nyaya Sanhita (BNS), including Section 65(1), concerning rape of a girl under 16, and Section 103(1), concerning murder. The case also invokes Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, which deals with aggravated penetrative sexual assault.

The incident triggered protests across Assam’s Barak Valley, with residents blocking National Highway-6 and demanding capital punishment for those allegedly involved.

Police initially detained five persons in connection with the case. During the investigation, officers identified one of the accused as a minor and sought permission for him to face trial as an adult.

A Special Investigation Team (SIT) was constituted to investigate the incident. According to Sinha, a detailed chargesheet against five accused, including the juvenile, was submitted before the court in September after investigators examined forensic and medico-legal evidence, witness statements, digital records and materials seized from the crime scene.

Under the Juvenile Justice (Care and Protection of Children) Act, 2015, a child aged between 16 and 18 who is accused of a heinous offence may undergo a preliminary assessment to determine the child’s mental and physical capacity to commit the alleged offence, ability to understand its consequences and the circumstances in which it was allegedly committed.

The assessment is intended to help determine whether the case should be transferred for trial as an adult. The subsequent decision on whether the case proceeds as an adult trial rests with the competent court under the statutory framework.

The Hailakandi board’s decision has drawn differing responses from legal practitioners and rights advocates, with some welcoming the order in view of the gravity of the allegations and others questioning its implications for juvenile justice and child rights.

Senior advocate Gautam Ghose welcomed the decision, citing the reported circumstances of the incident.

“ If we look at the brutality of the incident, as reported in newspapers and described in police statements, it was extreme. Such an act is difficult even to imagine being committed by a child. We welcome the court’s decision,” Ghose said.

He said the board had considered the seriousness of the allegations and the circumstances of the case rather than treating the accused’s age as the sole determining factor.

However, Gauhati High Court lawyer and human rights activist Taniya Laskar questioned the decision, arguing that the seriousness of the allegations did not, by itself, justify subjecting a minor to an adult trial.

“The accused can undergo trial under the Juvenile Justice Act, and the court can impose the most rigorous punishment available under that framework. But putting him on trial as an adult is, in my view, a violation of human rights, and the decision can be challenged before a higher court,” Laskar said.

She referred to India’s obligations under the United Nations Convention on the Rights of the Child, which provides special protections for persons below 18 years of age. She also cautioned against allowing public reaction or extensive media coverage to influence judicial decisions.

Laskar cited a case from Nagaon in which a death sentence awarded by a district court in 2018 was set aside by the Gauhati High Court this year, resulting in the accused’s acquittal.

She stressed that allegations must be assessed through evidence and established legal principles, adding that an accused person remains presumed innocent until proven guilty.

Supreme Court advocate Milan Laskar, meanwhile, said the Hailakandi order was not unprecedented under Indian law.

“This is not a standalone example. There have been several cases across the country in which accused persons below 18 were considered for trial as adults considering the nature of the offences,” he said.

The victim’s family welcomed the board’s decision, saying they hoped that everyone found responsible would face appropriate legal consequences.

“One of the accused in this case was a minor according to the police and we did not want anyone involved in this crime to escape punishment. We want equal accountability, and we thank the court for this decision,” a family member said.

The proceedings will now continue under the applicable legal framework. The allegations against the accused remain subject to adjudication by the court.