Copyright © 2026 Authors retain the copyright of this article. This article is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

@article{205090,
        author = {Shivangi Tiwari},
        title = {Critical Analysis of Criminal Liability of Juvenile Offenders in Heineous Offences under Indian Law},
        journal = {International Journal of Innovative Research in Technology},
        year = {2026},
        volume = {13},
        number = {1},
        pages = {5296-5311},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=205090},
        abstract = {The issue of criminal liability of juveniles involved in heinous offences remains one of the most debated areas in Indian criminal law. The juvenile justice (Care and Protection) act, 2015 introduced a significant shift by permitting children between sixteen and eighteen years, in certain cases, to be tried as adults after a preliminary assessment under section 15. This paper critically examines whether this framework strikes a fair balance between accountability, rehabilitation and constitutional protections.
The study analyses the statutory framework governing heinous offences, the definitional challenges highlighted in Shilpa Mittal v. State of NCT Delhi, and the constitutional concerns arising under Articles 14 and 21. It further evaluates whether preliminary assessment mechanism can reliably determine maturity and culpability, particularly in light of neurobiological and psychological research on adolescent brain development, trauma and impulsivity.
The paper argues that while serious juvenile offending raises legitimate concerns of public safety, excessive reliance on punitive approaches may weaken the reformative foundation of juvenile justice. It concludes that a balanced framework based on scientific assessment, restorative principles and strengthened institutional safeguards is necessary to ensure both accountability and protection of children in conflict with law.},
        keywords = {Juvenile Justice; Heinous Offences, Criminal Liability, Preliminary Assessment, Juvenile Justice Board; Children’s Court; Rehabilitation; Adolescent Psychology, Restorative Justice.},
        month = {June},
        }