New Delhi, Dec 2 (IANS): The Supreme Court Monday issued notice to the central government on a petition seeking to strike down as unconstitutional the provisions of the Juvenile Justice Act that bar criminal courts from trying juvenile offenders.

Counsel Aman Hingorani told a bench of Justice B.S. Chauhan and Justice S.A. Bobde that under the provisions of the act, a magistrate being confronted with a juvenile accused only ascertains whether he is above or below 18 years and accordingly remands the accused in the Juvenile Justice Board or the trial court.

While issuing notice, the apex court, however, made it clear that it was for parliament to frame the law and it could not tell the legislature how the law should be framed.

Appearing for the father of Dec 16, 2012, Delhi gang-rape victim, Hingorani told the court that given the gravity of the crime, if the juvenile offender is between the age group of 16 to 18 years, the magistrate must go into the mental maturity of the accused and his understanding of the consequences of his criminal act.

Notice has also been issued to the women and child development ministry.

The notice came on a day when it was reported that a cabinet note was being readied to amend the law to provide that youngsters aged above 16 who are guilty of heinous crimes be treated at par with adults.

The petition has contended that excluding the regular criminal court from holding the trial of the juvenile accused in cases of heinous crimes infringed on the domain and functioning of the judiciary.

The scheme of the Juvenile Justice Act, 2000, as spelt under its Section 4 (Juvenile Justice Board) and Section 7 (Procedure to be followed by a magistrate not empowered under the Act), "oust the criminal courts of their judicial function to try juveniles in conflict with law for offences under the Indian Penal Code, 1860, and are as such unconstitutional", the petition said.

The petition said that a provision of statute cannot prevent the court from exercising their jurisdiction and discretion in the matter of life and death without regard to the circumstances in which an offence was committed and the gravity of the offence cannot but be regarded as "harsh, unjust and unfair".

It said the legislature has no power to take cases out of the settled course of judicial proceedings or to infringe upon the function of the judiciary.