In which of the following situations shall the general principle of presumption of innocence of a child in conflict with law NOT be applicable?
When the child is charged for murder under Section 302 of IPC
When the child is charged for gang rape under Section 376(2)(g) of IPC
Where the JJ Board has ordered the child to be tried as an adult under Section 15 read with Section 18(3) of the JJ Act
None of the above
View Answer
Correct Answer: D — None of the above
Explanation:
Section 3(i) of the JJ Act, 2015 establishes the Principle of Presumption of Innocence — any child shall be presumed innocent of any mala fide or criminal intent up to the age of 18 years. This principle applies universally regardless of the nature of the offence (murder, gang rape, etc.) or whether the Board has ordered the child to be tried as an adult. None of the listed situations removes this presumption under the Act.