Supreme Court: Conviction under JJ Act is Not Vitiated Because Regular Court Tried Juvenile As Adult, But Sentence Cannot Operate

Section 20 specifically addresses proceedings pending before a regular court. It authorises the court to record or maintain a

finding that the juvenile committed the offence, but prohibits an

adult sentence and requires the matter to be dealt with under the

juvenile justice framework. The Explanation, introduced by the

2006 amendment, makes the benefit applicable to pending trials,

appeals, revisions and other criminal proceedings even where

the person has crossed the age of eighteen. The saving provision

in Section 25 of the Juvenile Justice (Care and Protection of

Children) Act, 2015 preserves the application of the earlier law

to proceedings already pending. {Para 25}

26. The statutory position is settled by Hari Ram v. State of Rajasthan (2009) 13 SCC 211; Dharambir v. State (NCT of Delhi) (2010) 5 SCC 344; and Jitendra Singh @ Babboo Singh v. State of U.P. (2013) 11 SCC 193, whereby this Court recognized that a person below eighteen on the date of an offence committed even before 1st April, 2001 receives the benefit of the 2000 Act; This Court further held that a conviction on merits need not be annulled merely because the person was tried by a regular court; and however the adult sentence cannot survive.

 NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 64 OF 2011

DINESH KUMAR Vs THE STATE OF HARYANA 

Author: ARAVIND KUMAR. J.

Citation: 2026 INSC 842.

Dated: AUGUST 12th , 2026.

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Comprehensive LLM Revision Guide on Juvenile Delinquency and Juvenile Justice System in India

 This one-page checklist consolidates the key themes, sections, and case laws from your notes for rapid revision before the exam.

I. CORE CONCEPTS & DEFINITIONS (The "Who")

·       Child (JJ Act 2015): Person who has not completed 18 years of age.

·       The Big Distinction:

o   CCL (Child in Conflict with Law): Alleged to have committed an offence. Authority: Juvenile Justice Board (JJB).

o   CNCP (Child in Need of Care & Protection): Victim, abandoned, or neglected. Authority: Child Welfare Committee (CWC).

·       Offence Categories (for CCL):

o   Petty: Max punishment < 3 years.

o   Serious: Punishment 3–7 years.

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LLM Notes: Juvenile Justice as a Distinct System: Should Juveniles Be Treated Differently from Adults?

 Foundational Philosophical Basis

The concept of juvenile justice as a distinct system is fundamentally rooted in the recognition that children are developmentally different from adults and therefore require specialized treatment within the legal framework. This distinction is based on several key philosophical principles that form the bedrock of modern juvenile jurisprudence.

The Doctrine of Parens Patriae

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District Judge interview Prep: Judicial Oversight in Adoption of Child : What Every District Judge Should Know about HAMA and JJ Act?

 Question 1

Explain the current status of the Bombay High Court’s stay order on transferring adoption cases from courts to District Magistrates. How does it impact the jurisdiction of District Judges?

Answer:

The Bombay High Court issued an interim stay in January 2023 on the transfer of adoption cases from courts to District Magistrates under the Juvenile Justice (Care and Protection of Children) Amendment Act 2021. This stay remains effective as of 2025, preserving the jurisdiction of District Judges. Adoption proceedings continue before District Courts and High Courts, ensuring that the court-centric approach and judicial oversight remain intact.

Question 2

What is the scope of jurisdiction of the District Judge under the Hindu Adoption and Maintenance Act, 1956 (HAMA) for adoption within Hindu families?

Answer:

District Judges have jurisdiction primarily in adoption cases under HAMA where court approval is mandated by Section 9(4), which includes scenarios such as death or abandonment of the child’s parents. In typical family adoptions between Hindus, no court permission is needed, and the adoption can be effected by execution of a registered adoption deed complying with statutory requirements.

Question 3

Under HAMA, when is court permission mandatory for adoption? Cite relevant sections.

Answer:

Court permission is mandatory under Section 9(4) of HAMA if:

·       Both parents are dead, or

·       Both parents have renounced the world, or

·       Both parents have abandoned the child, or

·       Both parents have been declared of unsound mind by a competent court, or

·       The parentage of the child is unknown.

These exceptions require judicial sanction to ensure child protection.

Question 4

What role does the Central Adoption Resource Authority (CARA) play in adoption proceedings, and when is its permission required?

Answer:

CARA regulates institutional adoption under the Juvenile Justice Act. CARA’s permission is compulsory for adoptions involving orphaned, abandoned, or surrendered children placed through registered adoption agencies. However, CARA does not regulate interse family adoptions under HAMA, where parties need not seek CARA permission.

Question 5

Compare the procedural and jurisdictional differences between adoption under HAMA and the Juvenile Justice (Care and Protection of Children) Act, 2015.

Answer:

·       HAMA: Minimal court intervention limited to specified cases, no CARA involvement for family adoptions, focuses on Hindu families and traditional adoptions, registered adoption deed often sufficient.

·       Juvenile Justice Act: Mandatory court adoption orders for all institutional adoptions, CARA regulation compulsory, applies to all religions, strong institutional oversight.

Question 6

Discuss the difference between adoption orders under the Juvenile Justice Act and adoption deeds under HAMA.

Answer:

Under the Juvenile Justice Act, adoption requires a mandatory court order that legally validates the adoption. Under HAMA, for most family adoptions, a registered adoption deed suffices unless Section 9(4) conditions apply, when court approval becomes necessary.

Question 7

Distinguish institutional adoption and interse family adoption with reference to legal framework and procedure.

Answer:

·       Institutional adoption: Involves orphaned or abandoned children, processed through CARA-regulated agencies and requires court orders under the Juvenile Justice Act.

·       Interse family adoption: Adoption between relatives under HAMA without mandatory CARA involvement or court orders in normal cases, emphasizing family autonomy.

Question 8

Which statute governs the adoption of a brother’s child in a Hindu family and why?

Answer:

The Hindu Adoption and Maintenance Act, 1956 governs such adoption since it falls under interse family adoption within Hindu personal law. CARA and Juvenile Justice Act provisions do not apply in this family-specific context.

Question 9

Explain the principle of harmonious construction regarding HAMA and the Juvenile Justice Act adopted by courts.

Answer:

Courts hold that HAMA and the Juvenile Justice Act must be read harmoniously without conflict. Each statute governs distinct adoption scenarios—HAMA for family adoptions and JJ Act for institutional adoptions—ensuring complementary child welfare systems without jurisdictional conflicts.

Question 10

What procedural challenges arise from the Juvenile Justice Act amendments and Bombay High Court’s judicial intervention?

Answer:

Challenges include jurisdictional confusion between courts and District Magistrates, inconsistent procedural practices, and concerns regarding judicial oversight and constitutional separation of powers. The Bombay High Court’s stay safeguards court jurisdiction, ensuring procedural clarity.

Question 11

As a District Judge, how would you adjudicate an adoption petition of a relative’s child under HAMA? What documentation is required?

Answer:

Check whether Section 9(4) applies requiring court approval. Verify statutory compliance, family relationship proof, consents, and ensure execution and registration of the adoption deed if no court order is needed.

Question 12

How does the Juvenile Justice Act extend adoption rights beyond religious boundaries compared to HAMA?

Answer:

The JJ Act applies universally to all religions and runs a secular adoption framework. HAMA applies solely to Hindus, Buddhists, Sikhs, and Jains and does not extend adoption rights beyond these communities.

Question 13

Define the age limits for adoptable children under HAMA and the Juvenile Justice Act and explain the differences.

Answer:

HAMA generally limits adoption to children under 15 years (with some customary exceptions). The Juvenile Justice Act extends eligibility to children under 18, providing a broader protective framework.

Question 14

How would you maintain procedural consistency and child welfare standards when handling adoption cases under both HAMA and the Juvenile Justice Act?

Answer:

Ensure statutory compliance per each Act. For HAMA, verify family-based procedural correctness and deed registration. For JJ Act, confirm CARA involvement and court adoption orders. Always prioritize the child's welfare and legal safeguards.

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What is distinction between procedure for adoption of child under Hindu maintenance and adoption Act and Juvenile justice Act?

Introduction

The intersection of adoption laws in India presents a complex legal landscape where two distinct statutory frameworks operate simultaneously—the Hindu Adoption and Maintenance Act, 1956 (HAMA) and the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act). Recent judicial interventions, particularly the Bombay High Court's stay order on the transfer of adoption cases to District Magistrates, have brought renewed focus to the jurisdictional nuances between these parallel legal regimes. This article examines the current status of adoption procedures under both Acts, clarifying the distinct procedural pathways and jurisdictional boundaries that practitioners must navigate.

Current Status of Bombay High Court's Stay Order

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Madhya Pradesh HC: JJ Act Overrides NIA Act, Juvenile Booked Under UAPA To Be Tried By Children's Court not Special Judge, NIA Act

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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Understanding the Applicability of the POCSO Act: Can a Child Be Prosecuted Under POCSO Act?

 The Protection of Children from Sexual Offences Act, 2012 (POCSO Act) is a landmark legislation in India, designed to safeguard children from sexual abuse and exploitation. While the Act is primarily focused on protecting children as victims, questions often arise regarding its applicability and whether a child can be prosecuted under its provisions. This article explores these aspects in detail.

Who Does the POCSO Act Apply To?

The POCSO Act is a gender-neutral law that applies to:

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LLM Notes: Salient Features of Juvenile Justice System in India

 The juvenile justice system in India represents a comprehensive legal framework designed to protect, rehabilitate, and reintegrate children who come into conflict with the law. This system operates on the fundamental principle that children require special treatment and protection due to their developmental stage and capacity for reform. The current framework emphasizes rehabilitation over punishment, recognizing that juvenile offenders are not conventional criminals but individuals requiring care and protection.

Legal and Constitutional Foundation

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LLM Notes: Legal Provisions Relating to Juvenile Delinquency in India: A Comprehensive Analysis

 India's legal framework for addressing juvenile delinquency has evolved significantly over the past decades, reflecting a growing understanding of child psychology, international best practices, and the need to balance rehabilitation with public safety concerns. The current system represents a sophisticated approach that prioritizes the welfare of children while ensuring accountability and protection for society. This comprehensive analysis examines the various legal provisions that govern juvenile delinquency in India, including constitutional principles, statutory frameworks, procedural safeguards, and institutional mechanisms designed to address the complex challenges surrounding children in conflict with the law.

Constitutional and Foundational Principles

Definition and Age Determination

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LLM Notes: Provisions of the Juvenile Justice Act Regarding Neglected Children in India

 Definition and Classification

• The Juvenile Justice (Care and Protection of Children) Act, 2015 defines a child as anyone below 18 years of age.

• The Act categorizes children into:

  • Child in conflict with law: A child alleged or found to have committed an offence.

  • Child in need of care and protection: Includes neglected children, as detailed below.

Who is a Neglected Child?

A neglected child falls under the broader category of "child in need of care and protection," defined in Section 2(14) of the Act. This includes a child:

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LLM Notes: Law Relating to Juvenile Delinquency in India

 Juvenile delinquency refers to criminal acts committed by individuals under the age of 18. In India, the legal framework governing juvenile delinquency is primarily established by the Juvenile Justice (Care and Protection of Children) Act, 2015.

Key Features of the Juvenile Justice (Care and Protection of Children) Act, 2015

• Definition of Juvenile/Child: The Act defines a "child" as a person below 18 years of age. It distinguishes between:

  • Children in Conflict with Law: Those alleged or found to have committed an offence below the age of 18.

  • Children in Need of Care and Protection: Those who are neglected, abandoned, abused, or otherwise in vulnerable situations.

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LLM Notes: Legislative Protection for Juvenile Delinquency in India: An Analysis of the Juvenile Justice System and Penal Code

 Legislative Protection for Juvenile Delinquency in India

Overview of Juvenile Justice Legislation

India’s primary legislation addressing juvenile delinquency is the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act, 2015), which replaced the earlier 2000 Act. This Act provides a comprehensive framework for the care, protection, treatment, and rehabilitation of children in conflict with the law and those in need of care and protection.

Key Features of the JJ Act, 2015

• Age Definition: A child is defined as anyone below 18 years of age.

• Categories: The Act distinguishes between:

  • Children in conflict with the law (those alleged or found to have committed an offence)

  • Children in need of care and protection.

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Supreme court: Improper Rejection Of Juvenility Claim Even In SC's Curative Jurisdiction Not Final; Fresh Plea Can Be Raised

 The facts as narrated above, speak for themselves. At every stage, injustice has been inflicted by the Courts, either by ignoring the documents or by casting a furtive glance. The Appellant despite being illiterate, raised this plea one way or another, right from the trial Court up to the conclusion of the Curative Petition before this Court. {Para 45}

46. The approach of the Courts in the earlier round of litigation cannot be sustained in the eye of law. There can be no reliance on the statement recorded Under Section 313 of Code of Criminal Procedure, 1973 particularly when the Appellant was asked to give his particulars for the purpose of recording his statement. Even the said statement shows that he was 20 years of age at the time of making his deposition, which could only mean that he was 14 years of age at the time of the commission of the offence. The bank account has no relevance under the Acts and the relevant rules, and in any case, it is to be proved, though not contemplated Under Rule 12 of the 2007 Rules. The statement given by the Appellant at the time of the hearing on his sentence, would also pale into insignificance, as even then he would have been a minor at the time of commission of the offence, under both the 2000 and the 2015 Acts.

47. Though the 2000 Act was already enacted before the Appellant's conviction, even assuming that only the 1986 Act was in vogue, the procedural mandate contemplated thereunder was also not followed by the trial Court and the High Court. Before this Court, the Appellant had relied upon the school certificate in the Criminal Appeal. It was once again relied upon in the Review Petition. Thereafter, additional documents were relied upon by the Appellant in the Writ Petition and also in the Curative Petition which was subsequently filed. In the Curative Petition, a counter affidavit was filed by the State certifying the documents furnished by the Appellant to be true. Nonetheless, the said petition was dismissed without according any reason.

54. The Appeal is allowed. The impugned judgment stands set aside. The sentence imposed against the Appellant in excess of the upper limit prescribed under the relevant Act, shall stand set aside, while making it clear that the conviction shall continue. The Appellant shall be released forthwith, if not required in any other case.

 IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 4229 of 2024.

Decided On: 08.01.2025

Om Prakash Vs. Union of India (UOI) and Ors.

Hon'ble Judges/Coram:

M.M. Sundresh and Aravind Kumar, JJ.

Author: M.M. Sundresh, J.

Citation: [2025] 1 S.C.R. 362 : 2025 INSC 43,MANU/SC/0041/2025.

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Whether child welfare committee under Juvenile justice Act can hand over custody of child to mother when the matter is pending before the Family Court?

 5. In a case of identical nature, a Division Bench

of this Court in Shaiju S and others v. Child Welfare

Committee and others [2021 (6) KHC 573] has held as

under:

“11. We must at the outset note that the Committee

committed grave error in ordering custody to the mother

when the matter is pending before the Family Court. The

Committee ought to have restrained from entertaining a

dispute which is a subject matter of lis between the

parties. We must also note that wrangling between the

spouses in regard to custody will not confer any power on

the Committee to interfere in such matters and give

custody to one of them. Going by various provisions,

including Section 2(14)(v) of the Act, the Committee's role

would arise only when none of the parents is in a position

to take care or protect the child or children. The

Committee can step into at a stage to protect a child when

parents are not in a position to protect the child. The role

of the Committee commences from the stage where both

parents are not in a position to take care and protect the

child. The parens patriae principle to intervene is to

protect the child and act as a parent of the child when

parents fail to take care and protect the child. So also is

the matter of dispute between spouses. The Committee

would be justified in interfering with the custody of child

with one of the parent, if that parent is incapacitated or

failed completely to take care of the child.

12. The Committee cannot voluntarily interfere with

the custody of the children except on a circumstance

where it forms an opinion that the child requires care and

protection. Merely because the children are isolated from

the mother by the father, Committee cannot interfere with

the legal custody of the children by the father”.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) NO. 35830 OF 2024

SHITHU KS Vs  CHAIRPERSON, CHILD WELFARE COMMITTEE,

PRESENT

 MR.JUSTICE C.S.DIAS

Dated this the 12th day of December, 2024

Citation: 2024:KER:94086.

Read full Judgment here: Click here. 

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Kerala HC: Shuttling Child Between Two Forums Causes Inconvenience And Is Detrimental To Child's Welfare

 On scrutinizing the averments in

O.P.No.411/2024, it shows that that the 3rd respondent

does not have a case that his child is a child in need of

care and protection so as to attract the provisions of the

Juvenile Justice (Care and Protection of Children) Act,

2015. Even otherwise the respondent in the petition is

the biological mother of the child. Furthermore, the

filing of a second petition for an identical relief is

unwarranted because the Family Court is the Court of

competent jurisdiction to decide on the interim and

permanent custody of the child. The Family Court has

concurrent jurisdiction with the 1st respondent in matters

concerning the welfare of children. Since the 3rd

respondent has elected the Family Court, his subsequent

endeavour to approach the 1st respondent for identical

reliefs seems to be with an intention to harass the

petitioner. Unmindful of the above legal question, the 1st

respondent has ordered the 2nd respondent to produce

the child before them, when the matter is sub-judice

before the Family Court. {Para 4}

6.  Shuttling the child between the two

Forums will cause inconvenience to the child and is

detrimental to its paramount welfare.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) NO. 35830 OF 2024

SHITHU KS Vs  CHAIRPERSON, CHILD WELFARE COMMITTEE,

PRESENT

 MR.JUSTICE C.S.DIAS

Dated this the 12th day of December, 2024

Citation: 2024:KER:94086.

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Navigating the Adoption Process in India: Legal Framework and Procedures

 Adoption in India is governed by a complex legal framework primarily consisting of the Hindu Adoption and Maintenance Act, 1956 (HAMA) and the Juvenile Justice (Care and Protection of Children) Act, 2015. These laws outline the eligibility criteria for both adoptive parents and children, as well as the procedural requirements for a valid adoption.

Legal Framework

Hindu Adoption and Maintenance Act, 1956 (HAMA)

- Eligibility to Adopt: Under HAMA, any male Hindu who is of sound mind and not a minor can adopt a child, provided that he has the consent of his living wife unless she has been declared incompetent by a court. Female Hindus can adopt if they are unmarried, widowed, or divorced.

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Supreme Court: Juvenile Cannot Be Denied Bail Without Recording Finding That Proviso To S. 12(1) Juvenile Justice Act Is Applicable

Section 12 of the JJ Act reads thus:

“Section 12: Bail to a person who is apparently a child

alleged to be in conflict with law.

(1) When any person, who is apparently a child and is

alleged to have committed a abailable or non-bailable

offence, is apprehended or detained by the police or

appears or brought before a Board, such person shall,

notwithstanding anything contained in the Code of

Criminal Procedure, 1973 (2 of 1974) or in any other

law for the time being in force, be released on bail

with or without surety or placed under the supervision

of a probation officer or under the care of any fit

person:

Provided that such person shall not be so released if

there appears reasonable grounds for believing that

the release is likely to bring that person into

association with any known criminal or expose the said

person to moral, physical or psychological danger or

the persons release would defeat the ends of justice,

and the Board shall record the reasons for denying the

bail and circumstances that led to such a decision.

6. From the phraseology used in sub-section 1 of Section

12, a juvenile in conflict with law has to be necessarily

released on bail with or without surety or placed under

supervision of a probation officer or under the care of any

fit person unless proviso is applicable.

7. We have perused all the orders passed earlier by the JJ

Board, Special Court and High Court and specially the order

dated 11th December, 2023 passed by the JJ Board. There is

no finding recorded that the proviso to sub-Section 1 of

Section 12 is applicable to the facts of the case. Without

recording the said finding, bail could not have been denied

to juvenile in conflict with law.

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. OF 2024

(Arising out of Special Leave Petition (Crl.) No.9566/2024)

JUVENILE IN CONFLICT WITH LAW Vs

THE STATE OF RAJASTHAN & ANR.

Hon'ble Judges/Coram:

Abhay Shreeniwas Oka and Augustine George Masih, JJ.

Citation:  MANU/SCOR/98552/2024

Dated: August 14, 2024.

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Under which circumstances the high court may issue writ of Habeas Corpus and certiorari against judicial order?

 Pronouncing upon the issue whether a writ of Habeas

Corpus would lie against an order of remand under Section 167,

by referring to the decision in case of Manibhai Ratilal Patel Vs.

State of Gujarat and ors, (2013) 1 SCC 314 which had taken a view that a writ of Habeas Corpus shall not be entertained when a person is committed to judicial custody or police custody by the Competent Court by an order which prima facie does not appear to be without jurisdiction or passed in an absolutely mechanical or wholly illegal manner, reference was made to a decision in case of SFIO Vs. Rahul Modi, 2019(5) SCC 260 which had laid down the position of law as below:-

“19 The law is thus clear that in a Habeas Corpus proceedings,

a Court is to have regard to the legality or otherwise of the detention

at the time of return and not with reference to the institution of the

proceedings”.

It is in this background the circumstances in which the writ

of Habeas Corpus shall lie, were clearly stipulated in the following

words:-

“If the remand is absolutely illegal or the remand is afflicted with the vice of lack of jurisdiction, a Habeas Corpus petition would indeed lie. Equally, if an order of remand is passed in an absolutely mechanical manner, a person affected can seek the remedy of Habeas Corpus. Barring such situations, Habeas Corpus petition will not lie.”

36] We have no hesitation in coming to a conclusion that in the

present case, both the conditions are clearly attracted, as the

remand of the CCL, by three distinct orders passed by the Board is absolutely illegal as the impugned order, are afflicted with vice of lack of jurisdiction and further orders of remand being passed by the Board, in an absolutely mechanical manner, without

considering the most significant and pivotal fact that the CCL

continue to be on bail and there is no cancellation or revocation of the order, enlarging him on bail.

37] The act of the respondent therefore, squarely fall within the

parameters laid down in Gautam Navlakha (supra) for

entertaining a writ in the nature of Habeas Corpus. 

Looking to the manner in which the entire matter has been

dealt with by the Investigating Agency and also the various orders passed by the Board upon the application preferred by it, we must clearly express that this is one of the fit case where we shall exercise our jurisdiction by issuing a writ in the nature of Habeas Corpus, as prayed for in prayer clause (a) and issue a writ in the nature of certiorari for quashing the subsequent orders remanding the CCL to Observation Home.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL WRIT PETITION NO.2372 OF 2024

Pooja Gagan Jain v. State of Maharashtra

CORAM : BHARATI DANGRE &

MANJUSHA DESHPANDE, J

DATED : 25th JUNE, 2024.

JUDGMENT :- (PER BHARATI DANGRE, J.)

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What are important factors to be considered by JJB or children court while doing preliminary assessment of juvenile as per S 15 of Juvenile justice Act 2015?

 In the report submitted by the experts to the Board it does not deal with the aforementioned aspects, which are relevant in view of the language used under Section 15 of the Act of 2015 like family history and relationship, school and education, work with which the juvenile was engaged at the time of commission of offence, peer relationships, whether he has been trauma and abuse (physical, sexual and emotional abuse experience), mental health disorders/developmental disability. {Para 15}

16. The Act of 2015 enacted with laudable object of “best interest of child” therefore, at the time of conducting preliminary assessment of a child each provisions and the words used is to be given its fullest meaning so as to achieve the object of the Act of 2015. Rule 10 A (3) envisages that at the time of preliminary assessment child should be presumed to be innocent unless proved otherwise, therefore, while assessing the understanding of the juvenile, the consequences of the offences allegedly committed the mindset of the assessing Committee or the Board should be that the juvenile before it is innocent.

17. The order passed by the Board on 05.01.2023 would reveal that the Board considered the report of experts and further put some question to juvenile during the proceedings and came to the conclusion that juvenile is to be tried as an adult under the provisions of Section 18(3) of the Act of 2015.

18. From the report of the experts relied upon by the Board it is clearly appearing that experts have not assessed the juvenile as mandated under Section 15 of the Act of 2015. There is no detailed report of the assessment made, no document is enclosed along with the report of conducting assessment, procedure adopted, factors assessed, mode of assessment, evaluation of child based on the stages of assessment and further there is no discussion of circumstances in which the juvenile allegedly committed the offence.

19. In absence of the aforementioned detailed assessment as mandated under Section 15 of the Act of 2015, I am of the considered view that the Board failed in its duty to comply with the provision under Section 15 of the Act of 2015 making preliminary assessment of the juvenile. The Children Court also have only considered the offence committed by the juvenile and the manner in which it was committed and failed to take note of the requirement under Section 15 of the Act of 2015 for preliminary assessment of juvenile. The Children Court also have considered only two line report submitted by the expert.

 In the High Court of Chhattisgarh, Bilaspur

(Before Parth Prateem Sahu, J.)

Xyz  Vs  State of Chhattisgarh, through Police Station Sariya.

CRR No. 962 of 2023

Decided on May 2, 2024

Citation: 2024 SCC OnLine Chh 4280.

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Supreme Court : Appeal Against Preliminary Assessment Order passed under JJ Act is Maintainable Before Children's Court if available, Not Sessions Court

 (A) REGARDING THE TERMS USED AS 'CHILDREN'S COURT' AND 'COURT OF SESSIONS'

11. Section 101 of the Act provides for appeal against various orders as provided therein. Sub-section (1) thereof provides that any person aggrieved by an order made by the Committee or the Board under the Act may within 30 days from the date of such order prefer an appeal to the Children's Court, with an exception that against decision of the Committee relating to foster care and sponsorship care the appeal shall lie to the District Magistrate. The term 'Committee' has been defined in Section 2(22) of the Act to mean 'Child Welfare Committee' constituted Under Section 27 thereof.

The proviso to Sub-section (1) of Section 101 provides that the Court of Sessions or District Magistrate, as the case may be, may entertain the appeal after expiry of the period of 30 days in case sufficient cause is shown for the delay in filing. 11.1. Sub-section (2) of Section 101 provides that an appeal against the order passed by the Board after making preliminary assessment Under Section 15 of the Act shall lie before the Court of Sessions. While deciding the appeal, the Court can take assistance of experienced psychologists and medical specialists, other than those whose assistance was taken by the Board while passing the order impugned. It shows independent examination of the issue. Sub-section (4) provides that, no second appeal will be maintainable from the order passed by the Court of Sessions. In Barun Chandra Thakur's case (supra) the provisions have been held to be mandatory. 11.2. Some anomalies are evident in the aforesaid proviso, as pointed out by the learned Counsel for the parties at the time of hearing. Their contention was that the anomalies should also be addressed, so as to streamline the procedure in future. We also think in the same direction, keeping in view the spirit of law.

11.3. The term Court of Sessions as such has not been defined in the Act. The trial of CCL, who is of the age of 16 years or above and is involved in a heinous offence is to be conducted by the Children's Court, treating him as an adult.

11.4. 'Children's Court' has been defined in the Act in Section 2(20) to mean the Court established under the 2005 Act or a Special Court established under the 2012 Act. Where such Courts are not existing, the Court of Sessions shall have jurisdiction to try the offence under the Act. Meaning thereby the Presiding Officer of the Children's Court and the Court of Sessions have been put in same bracket. There is no doubt with the proposition that a Sessions Judge would include an Additional Sessions Judge as well.

11.5. Section 25 of the 2005 Act provides that for providing speedy trial of offences against children or violation of child rights, the State Government in concurrence with the Chief Justice of the High Court by notification specify at least a Court in the State or for each district a Court of Sessions to be a Children's Court. Meaning thereby the Special Court under the 2005 Act is at the level of the Sessions Court.

11.6. Section 101(1) of the Act deals with filing of appeals against certain orders passed by the Board or the Committee before the Children's Court, as the case may be. The proviso to the aforesaid Sub-section provides that in case there is any delay in filing the appeal, the power of condonation has been vested with the Court of Sessions. The word 'Children's Court' is not mentioned, though appeal is maintainable before Children's Court.

11.7. Sub-section (2) of Section 101 of the Act provides for an appeal against an order passed by the Board Under Section 15 of the Act. The appellate authority is stated to be Court of Sessions.

11.8. Rule 13 of the 2016 Rules deals with the procedure in relation to Children's Court and Monitoring Authorities. Sub-rules (3) and (4) thereof which deal with appeal filed Under Section 101(2) of the Act refer the appellate authority as the 'Children's Court' though in Section 101(2) of the Act appeal is stated to be maintainable before the Court of Sessions. From the above provision also, it is evident that the words 'Court of Sessions' and the 'Children's Court' have been used interchangeably.

12.1. Similarly, Sub-section (2) provides that against an order passed by the Board after preliminary assessment Under Section 15 of the Act, the appeal is maintainable before the Court of Sessions. The Board is headed by the Principal Magistrate. Here, the word Children's Court is not mentioned.

12.2. From a conjoint reading of the aforesaid provisions of the Act and the 2016 Rules, in our opinion, wherever words 'Children's Court' or the 'Sessions Court' are mentioned both should be read in alternative. In the sense where Children's Court is available, even if the appeal is said to be maintainable before the Sessions Court, it has to be considered by the Children's Court. Whereas where no Children's Court is available, the power is to be exercised by the Sessions Court.

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 2411 of 2024 (Arising out of Special Leave Petition (Crl.) No. 3033 of 2024)

Child in Conflict with Law through his Mother Vs. The State of Karnataka and Ors.

Hon'ble Judges/Coram:

C.T. Ravikumar and Rajesh Bindal, JJ.

Author: Rajesh Bindal, J.

Decided On: 07.05.2024.

Citation:  MANU/SC/0395/2024.

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