Supreme Court of India

Shilpa Mittal v. State of Nct of Delhi & Anr.

Neutral citation

Reported as [2020] 2 S.C.R. 478

Bench Deepak Gupta and Aniruddha Bose JJ.

Decided 9 January 2020

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

4 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the above discussion we dispose of the appeal by answering the question set out in the first part of the judgment in the negative and hold that an offence which does not provide a minim um sentence of 7 years cannot be treated to be an heinous offence.

Judgment, page 21

From the 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 committ ed a heinous offence has to be tried as an adult – High Court held that since no minimum sentence is prescribed for the offence in q uestion, the offence did not fall within the ambit of s. 2(33) and hence was not a heinous offence – Appeal to Supreme Court – Held: n offence which does not provide a minimum sentence of 7 years cannot be treated to be a heinous

Authorities it was built on

2014 Dr. Subramanian Swamy & Ors. v. Raju Thr. Member Juvenile Justice Board & Anr. cited by 7
2018 Vasant Ganpat Padave (d) by Lrs. & Ors. v. Anant Mahadev Sawant (dead) Thru Lrs. & Ors. cited by 1

Where later benches applied it

2024 Child in Conflict with Law through His Mother v. The State of Karnataka and Another referred to
2022 Barun Chandra Thakur v. Master Bholu & Anr. referred to
2026 X v. The State of Bihar mentioned
2023 Supriyo @ Supriya Chakraborty & Anr v. Union of India mentioned

Of those, 2 referred to · 2 mentioned

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