In terms of Section 18(3) of the Act where the Board after the preliminary assessment under Section 15 forms an opinion that there is need for trial of the said child as an adult, the Board is empowered to transfer the trial of the case to the Children's Court having jurisdiction to try such offences. {Para 12}
13. Section 19 of the JJ Act enumerates the powers of the Children's Court. Since Section 19 (1) of the JJ Act is in issue with the present case, only Section 19(1) of the JJ Act is extracted herein after. It reads as under: -
"19. (1) After the receipt of preliminary assessment from the Board under section 15, the Children´s Court may decide that--
(i) there is a need for trial of the child as an adult as per the provisions of the Code of Criminal Procedure, 1973 and pass appropriate orders after trial subject to the provisions of this section and section 21, considering the special needs of the child, the tenets of fair trial and maintaining a child friendly atmosphere;
(ii) there is no need for trial of the child as an adult and may conduct an inquiry as a Board and pass appropriate orders in accordance with the provisions of section 18.(2) ***** ***** *****"
14. In terms Section 19(1) of the Act after receipt of the preliminary assessment from the Board under Section 15, Children's Court is to decide; (1) as to whether there is need for trial of the child as an adult as per the provisions of Cr. P.C. and/or (2) there is no need for the trial of the child as an adult, in which case, it shall conduct an inquiry as a Board and to pass orders in accordance with Section 18 of the Act.
15. The question that arises for consideration is as to whether the provisions of Section 19 are mandatory or is the Children Court merely to follow the recommendations of the Board, made under Section 15 of the Act read with Section 18(3) of the Act?
16. The expression used in Section 19(1) is 'may decide'. The expression 'may' used in section 19 does not give an option to the Children's Court to decide or not to decide in terms of section 19, but the expression 'may decide' is an option to the Children's Court to chose between option (1) and option (2) i.e. as to whether there is need for trial of the child as an adult or there is no need for trial of the child as an adult.
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