Supreme Court · 2020 INSC 25 · Decided 9 January 2020
Shilpa Mittal v. State of NCT of Delhi & ANR.
- Court
- Supreme Court of India
- Citation
- 2020 INSC 25 · [2020] 2 S.C.R. 478
- Case number
- CRIMINAL APPEAL No. 34/2020
- Decided
- 9 January 2020
- Bench
- DEEPAK GUPTA, ANIRUDDHA BOSE (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 304; CrPC Section 19; Constitution Article 142; Juvenile Justice Act Section 2(12), 2(13), 2(35)
Headnote
Juvenile Justice (Care and Protection of Children) Act, 2015: ss. 2 (33) and 15 - Commission of offence u/s. 304 IPC - By a juvenile above 16 years and below 18 years of age - Juvenile Justice Board held that the juvenile having committed be tried as an adult - High Court held that since no minimum sentence is prescribed for the offence in question, the offence did not fall within the ambit of s. 2(33) and hence was not a heinous offence - Appeal to Supreme Court - Held: An offence which does not provide a minimum
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