Whether Juvenile justice board doing preliminary assessment is bound by expert opinion?

   There is no doubt that the JJ Board may seek the opinion of an expert regarding the mental and physical capacity of a CCL to commit an offence and it is not necessary that if an expert opined that the mental and physical capacity of a CCL and his ability to understand the consequence of the offence are positive, then the JJ Board is bound by the expert opinion. It is well within the jurisdiction of the JJ Board to agree or disagree with the preliminary assessment report of the CCL submitted by such a psychologist to the JJ Board. But the circumstances, in which the alleged offence was committed has to be considered by the JJ Board independently, in which the alleged offence was committed and the JJ Board has to apply a judicial mind.{Para 10}

Delhi High Court

Pradeep Kumar Vs The State Nct Of Delhi & Etc on 15 April, 2019

CORAM:
    HON'BLE MR. JUSTICE CHANDER SHEKHAR

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