Alternative Remedies No Longer Bar Writs Writ Jurisdiction in the Indian Constitution has been borrowed from the concept of prerogative writs under English Law and was vested in the Chartered High Courts prior to commencement of Constitution. The framers of the Constitution adopted the concept of writs and funnelled such powers to fruitfully enforce the fundamental rights... Read More
The court while ascertaining the scope of Sec 2(33) of the Juvenile Justice Act, 2015 held that the Act does not deal with offences which are ‘heinous’ in nature. It observes that even if a child commits a heinous offence, he cannot be automatically tried as an adult. Before, trying a child as an adult, an exhaustive study must be performed and the procedure in place must be adhered to. The offences which do not attract punishment of minimum 7 years do not fall under the category of ‘heinous offence’, and rather fall under the category of ‘serious offences’.