While discussing the juvenile issue, the Hon'ble Supreme Court in Yakub Abdul Razak Memon (supra) observed that there is no doubt that JJ Act is beneficial in nature and is socially oriented legislation and in case the provisions are not complied with, the object of its enactment would be frustrated. However, while resolving the conflict between the JJ Act, 2000 and TADA Act, 1987, it was observed that Section 1(4) of JJ Act, 2000 was added w.e.f. 22.08.2006 which gave overriding effect over other statutes. However, the other statutes in that case was TADA Act which was not in existence and was repealed much before coming into force of the amendment of 22.08.2006. Since the overriding effect was provided over other statutes and TADA Act stood repealed much before the same, it could not be said that JJ Act, 2000 will have an overriding effect upon the TADA Act. In the present case, both the NIA Act, 2008 and JJ Act, 2015 are in operation. The later in point of time is JJ Act which provides for clear cut non-obstante over any other law for the time being in force whereas Section 13 of the NIA Act provides for non-obstante clause giving an overriding effect only upon the Code of Criminal Procedure and therefore, this Court is of the view that the JJ Act, 2015 will have an overriding effect over the NIA Act, 2008. {Para 25}
26. On a mature consideration of the above discourse as well as the legal position, especially considering the effect of Section 1(4) of Act, 2015, it is hereby held that when the FIR is registered under a Scheduled Act prescribed under the NIA Act and a juvenile has been directed to be tried as an adult by the Children's Court, then the jurisdiction to try the case would vest in Children's Court and not in the Special Judge under the NIA Act.
IN THE HIGH COURT OF MADHYA PRADESH (JABALPUR BENCH)
Misc. Criminal Case No. 1133/2025
Decided On: 19.05.2025
In Reference Vs. Memo No. 454/2024 Bhopal Dated 23/11/2024
Hon'ble Judges/Coram:
Sanjay Dwivedi, J.
Citation: MANU/MP/1475/2025.
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