JOURNAL OF THE NATIONAL HUMAN RIGHTS COMMISSION, INDIA VOL. 21, 2022 member, who has been a practicing professional with a degree in child psychology or child psychiatry, the Board may take such assistance as may be considered proper by it; and in case the Board chooses not to take such assistance, it would be required of the Board to state specific reasons therefor.” The court further added that “While considering a child as an adult one needs to look at his/her physical maturity, cognitive abilities, social and emotional competencies. It must be mentioned here that from a neurobiological perspective, the development of cognitive, behavioural attributes like the ability to delay gratification, decision-making, risk taking, impulsivity, judgement, etc. continues until the early 20s. It is, therefore, all the more important that such assessment is made to distinguish such attributes between a child and an adult. Cognitive maturation is highly dependent on hereditary factors. Emotional development is less likely to affect cognitive maturation. However, if emotions are too intense and the child is unable to regulate emotions effectively, then intellectual insight/knowledge may take a back seat.” This implies that when the JJB does not comprise a practising professional with a degree in child psychology or child psychiatry, it would be obligated to take assistance from other experts. Noting that the preliminary assessment under Sec. 15 of the Act is a delicate task and appropriate and specific guidelines would be required for the same, the Apex Court was of the view that reasonable opportunity ought to be provided in a case where the Board is to make a preliminary assessment under Sec. 15. The Court was also of the view that a holistic assessment would be required to ascertain whether a child should be tried as an adult or not.29 Courts found the process inconsistent and age inappropriate.30 The Supreme Court of India left it open for the Central Government, National Commission for Protection of Child Rights, and the State Commission for Protection of Child Rights to consider issuing guidelines or directions with respect to preliminary assessments for judicial transfer.31 29 30 31 54 Barun chandra thakur V. master bholu & anr. In the Supreme Court of India criminal appellate jurisdiction Dinesh Maheshwari; J., Vikram Nath; j. July 13, 2022 criminal appeal no. 950/2022 (Arising out of SLP(Crl.) No. 10123 of 2018. Available at: https://indiankanoon.org/ doc/34328129/ accessed on Oct. 5, 2022 Bharti Ali, Enakshi Ganguly, ”Why preliminary assessment is against the idea of juvenile justice,” India Development Review (IDR), Sept. 27, 2022, https://idronline.org/article/rights/why-preliminary-assessment-is-against-the-idea-of-juvenile-justice/ Barun Chandra Thakur V. master bholu & anr. In the Supreme Court of India criminal appellate jurisdiction Dinesh Maheshwari; J., Vikram Nath; J. July 13, 2022 criminal appeal no. 950/2022 (Arising out of SLP(Crl.) No. 10123 of 2018. Available at: https://indiankanoon.org/ doc/34328129/ accessed on Oct. 5, 2022