Apex Law Journal
Apex Law Journal
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Juvenile Justice (Care and Protection of Children) Act, 2000

Tuesday, May 11, 2010
Juvenile Justice (Care and Protection of Children) Act, 2000

Juvenile Justice (Care and Protection of Children) Act, 2000 — Sections 15 and 64 — Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 98 — Appellant No.2, Dhanna Lal, was a minor on the date of commission of the offence, and has already undergone more than the maximum sentence provided under Section 15 of the 2000 Act — Held, by applying the provisions of Rule 98 of the 2007 Rules read with Sections 15 and 64 of the 2000 Act, we allow the appeal as far as he is concerned and direct that he be released forthwith — The bail application filed on his behalf is also disposed of, accordingly.

 
Juvenile Justice (Care and Protection of Children) Act, 2000

Juvenile Justice (Care and Protection of Children) Act, 2000 — Section 7 A — Claim of juvenility — Held, Section 7A of the 2000 Act allows a claim of juvenility to be raised before any Court at any stage even after final disposal of the case and speaks of the procedure which the Court is required to adopt when such claim of juvenility is raised. 

 
Juvenile Justice (Care and Protection of Children) Act, 2000

Juvenile Justice (Care and Protection of Children) Act, 2000 — Section 20 — Held, what is to be noticed in the aforesaid Section is that it makes provision for continuance of trials which had been commenced prior to the coming into operation of the 2000 Act — While providing that the trial could continue before the Court, if it was found that the juvenile had committed an offence, the Court would be required to record such finding and instead of passing any sentence in respect of the juvenile, forward the juvenile to the Juvenile Justice Board, which could then pass orders in respect of that juvenile in accordance with the provisions of the 2000 Act.

 
Juvenile Justice (Care and Protection of Children) Act, 2000

Juvenile Justice (Care and Protection of Children) Act, 2000 — Section 64 — Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 98 — Held, the provisions of Section 64 has to be read along with Sections 7A and 20 of the 2000 Act, together with Rule 98 of the 2007 Rules.

 
Monday, April 05, 2010
Juvenile Justice (Care and Protection of Children) Act, 2000

Juvenile Justice (Care and Protection of Children) Act, 2000 — Section 7A — Juvenile Justice (Care and Protection of Children) Rules 2007, Rule 12 — Evidence Act, 1872, Section 35 — Claim of juvenility — In the present case, the trial court passed the order on 14.02.2006 rejecting the claim of Respondent No.1 that he was a juvenile at the time of commission of the offence — Section 7A of the Act laying down the procedure to be followed when claim of juvenility is raised before any court had not come into force by 14.02.2006 — When the trial court passed the order rejecting the claim of Respondent No.1 of juvenility on 14.02.2006, the Rules, including Rule 12 laying down the procedure to be followed in determination of age of a juvenile in conflict with law, had also not come into force — Held, the trial court, thus, was not required to follow the procedure laid down in Section 7A of the Act or Rule 12 of the Rules — In the absence of any statutory provision laying down the procedure to be followed in determining a claim of juvenility raised before it, the court had to decide the claim of juvenility of Respondent No.1 on the materials or evidence brought on record by the parties and Section 35 of the Evidence Act.

 
Juvenile Justice (Care and Protection of Children) Act, 2000

Juvenile Justice (Care and Protection of Children) Act, 2000 — Section 53 — Claim of juvenility — Revisional jurisdiction — High Court, in the present case, reversed the findings of the trial court and held that even if Respondent No.1 had not raised a plea that he was a juvenile in other criminal cases or during the course of investigation of the present criminal case, such a plea could be raised by him at any stage during the course of trial and even at the appellate stage — The High Court further held that the date of birth of Respondent No.1 in the admission forms, school records, and transfer certificates were good proof in relation to the age of Respondent No.1 and simply because by physical appearance the Respondent No.1 did not look like a juvenile, the court cannot hold that Respondent No.1 was not juvenile at the time of commission of the alleged offence — The High Court concluded that the trial court has miserably failed to appreciate the evidence in its correct perspective and the findings recorded by the trial court in relation to the age of Respondent No.1 were contrary to the established principles of law in relation to appreciation of evidence and deserved to be set aside — Held, the High Court was not at all right in reversing the findings of the trial court in exercise of its revisional jurisdiction — The age of Respondent No.1 was a question of fact, which was to be decided on the evidence brought on record before the court and it was for the trial court to appreciate the evidence and determine the age of Respondent No.1 at the time of commission of the alleged offence and in this case, the trial court has arrived at the finding that the claim of Respondent No.1 that he was less than 18 years at the time of commission of the alleged offence, was not believable — While arriving at this finding of fact, the trial court had not only considered the evidence produced by Respondent No.1 but also considered the fact that either in the earlier cases or during the investigation of the present case, the Respondent No. 1 had not raised this plea — While arriving at this finding of fact, the trial court had also considered the physical appearance of Respondent No.1 — Such determination on a question of fact made by the trial court on the basis of the evidence or material before it and other relevant factors could not be disturbed by the High Court in exercise of its revisional powers — Order passed by the High Court in Criminal Revision Petition set aside — Matter remitted to the trial court for trial of Respondent No.1 in accordance with law treating him not to be a juvenile at the time of the commission of the alleged offence — Appeal allowed.

 
Juvenile Justice (Care and Protection of Children) Act, 2000

Juvenile Justice (Care and Protection of Children) Act, 2000 — Section 53 — Revision — Held, the High Court may at any time, either of its own motion or on an application received on that behalf, call for the record of any proceeding in which any competent authority or court of session has passed an order for the purpose of satisfying itself as to the legality or propriety of any such order, and may pass such order in relation thereto as it thinks fit — While exercising such revisional powers, the High Court cannot convert itself to an appellate court and reverse the findings of fact arrived at by the trial court on the basis of evidence or material on record, except where the High Court is not satisfied as to the legality or propriety of the order passed by the trial court.  

 
Juvenile Justice (Care and Protection of Children) Act, 2000

Juvenile Justice (Care and Protection of Children) Act, 2000 — Section 52 — No statutory appeal is available against any finding of the court that a person was not a juvenile at the time of commission of the offence.

 
Juvenile Justice (Care and Protection of Children) Act, 2000

Juvenile Justice (Care and Protection of Children) Act, 2000 — Section 49 — Section 49, held, is attracted when a person is brought before the competent authority and not otherwise.

 
Juvenile Justice (Care and Protection of Children) Act, 2000

Juvenile Justice (Care and Protection of Children) Act, 2000 — Section 49 — Jurisdiction of trial court to decide an application claiming juvenility — Whether barred? — Held, no — Section 49 of the Act contains no provision prohibiting the court before which a claim of juvenility is raised, to determine the age of the person before the court.

 
Juvenile Justice (Care and Protection of Children) Act, 2000

Juvenile Justice (Care and Protection of Children) Act, 2000 — Section 7A — Jurisdiction of the court to decide a claim of juvenility raised before it — Held, insertion of Section 7A in the Act indicates that Parliament never intended to oust the jurisdiction of the court to decide a claim of juvenility raised before it, and that the court always had the power to decide a claim of juvenility raised before it.

 
Sunday, July 12, 2009
Juvenile Justice (Care and Protection of Children) Act, 2000

Juvenile Justice (Care and Protection of Children) Act, 2000 — Sections 2(k), 2(l), 7A, 20 and 49 — Juvenile Justice Act, 1986, Section 2(h) — Juvenile Justice (Care and Protection of Children) Rules, 2007, Rules 12 and 98 — Could a person who was not a juvenile within the meaning of the 1986 Act when the offence was committed, but had not completed 18 years, be governed by the provisions of the Juvenile Justice Act, 2000, and be declared as a juvenile in relation to the offence alleged to have been committed by him? — Held, yes — Conjoint reading of Sections 2(k), 2(l), 7A, 20 and 49 read with Rules 12 and 98, places beyond all doubt that all persons who were below the age of 18 years on the date of commission of the offence even prior to 1st April, 2001, would be treated as juveniles, even if the claim of juvenility was raised after they had attained the age of 18 years on or before the date of commencement of the Act and were undergoing sentence upon being convicted.

 
Juvenile Justice (Care and Protection of Children) Act, 2000

Juvenile Justice (Care and Protection of Children) Act, 2000 — Sections 2(k) and 2(l) — Juvenile Justice Act, 1986, S. 2(h) — Juvenility of a person in conflict with law has to be reckoned from the date of the incident and not from the date on which cognizance was taken by the Magistrate.

 
Juvenile Justice (Care and Protection of Children) Act, 2000

Juvenile Justice (Care and Protection of Children) Act, 2000 — The very scheme of the Juvenile Justice (Care and Protection of Children) Act, 2000, held, is rehabilitatory in nature and not adversarial which the courts are generally used to — The implementation of the said law, therefore, requires a complete change in the mind-set of those who are vested with the authority of enforcing the same, without which it will be almost impossible to achieve the objects of the Juvenile Justice Act, 2000.

 
Juvenile Justice (Care and Protection of Children) Act, 2000

Juvenile Justice (Care and Protection of Children) Act, 2000 — Section 7A — Juvenile Justice (Care and Protection of Children) Rules, 2007, Rule 12 — Claim of juvenility — Rule 12, held, indicates the procedure to be followed to give effect to the provisions of Section 7A when a claim of juvenility is raised. 
 

 
Juvenile Justice (Care and Protection of Children) Act, 2000

Juvenile Justice (Care and Protection of Children) Act, 2000 — Section 20 — Held, section 20 enables the Court to consider and determine the juvenility of a person even after conviction by the regular Court and also empowers the Court, while maintaining the conviction, to setaside the sentence imposed and forward the case to the Juvenile Justice Board concerned for passing sentence in accordance with the provisions of the Juvenile Justice Act, 2000.

 
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