Extracting Confession From Child is Unconstitutional and Beyond Scope of Preliminary Assessment Report: Delhi HC

Recently, Delhi HC ruled that, extracting confession from child is unconstitutional and beyond scope of preliminary assessment report. 

The bench of Justices Mukta Gupta and Anish Dayal stated that the Probation Officer is required to note the alleged role of the child in the offence and the reasons for the said alleged offence. 

In this case, Counsel on behalf of NCPCR stated that they are in the process of consultation and needs three months’ time to submit the detailed report in terms of the decision of the Supreme Court in the case of Barun Chandra Thakur Vs. Master Bholu & Anr.

Counsel on behalf of the NGO/HAQ, Intervener has placed a copy of the preliminary assessment report prepared by a psychologist in the format supplied by the Department. 

The bench noted that Under Clause 3 of the said report, it can be clearly noted that a confession is sought to be extracted from the child as to the manner in which the offence was committed and the reasons thereof. This manner of seeking a confession from the child is unconstitutional and beyond the scope of a report of the preliminary assessment to be prepared under Section 15 of the J.J. Act.

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In view of the above, the High Court listed the matter on 07.12.2022.

Case Title: Vikas Sangwan v. The State 

Bench: Justices Mukta Gupta and Anish Dayal 

Case No.: CRL.A. 193/2018

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