9911796707
TMI Blog2005 (2) TMI 816X X X X Extracts X X X X X X X X Extracts X X X X ..... ming that he was a minor on the date of occurrence i.e. 31.12.1998, whereupon the learned CJM transmitted the case to the Juvenile Court. The appellant was produced in the Juvenile Court on 3.3.2000. On his production the Juvenile Court assessed the age of the appellant by appearance to be between 15 and 16 years and directed the Civil Surgeon to constitute a Medical Board for the purpose of assessing the age of the appellant by scientific examination and submit a report. No such Medical Board was constituted. Thus, the learned ACJM asked the parties to adduce evidence and on examining the school leaving certificate and mark sheet of Central Board of Secondary Education came to the finding that the appellant was below 16 years of age as on 31.12.1998 taking the date of birth of the appellant as 18.12.1983 recorded in the aforesaid certificate. The appellant was then released on bail. Aggrieved thereby the informant filed an appeal before the 1st Additional Sessions Judge, who after referring to the judgment of this Court rendered in Arnit Das vs. State of Bihar, (2000) 5 SCC 488 disposed of the appeal on 19.2.2001 holding that the Juvenile Court had erred in not taking note of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Act of 2000 was enforced with effect from 1.4.2001. Question (a) Whether the date of occurrence will be the reckoning date for determining the age of the alleged offender as Juvenile offender or the date when he is produced in the Court/competent authority. Mr. Mishra submits that the decision in Umesh Chandra (supra) rendered by a three-Judge Bench of this Court has laid down the correct law and a two-Judge Bench decision in Arnit Das (supra) cannot be said to have laid down a correct law. Mr. Mishra also submits that the decision in Arnit Das (supra) has not noticed the decision of a three-Judge Bench in Umesh Chandra (supra). Mr. Mishra also referred to the aims and objects of the Juvenile Justice Act, 1986 (hereinafter referred to as the 1986 Act) and submits that the whole object is to reform and rehabilitate the juvenile for the offence he is alleged to have committed and if the date of offence is not taken as reckoning the age of the juvenile, the purpose of the Act itself would be defeated. In this connection, he has referred to Sections 18, 20, 26 and 32 of the Act. Per contra Mr. Sharan refers to the aims and objects of the Act and various Sections of the Act and part ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ile homes for neglected juveniles and special homes for delinquent juveniles; (iv) to establish norms and standards for the administration of juvenile justice in terms of investigation and prosecution, adjudication and disposition, and care, treatment and rehabilitation; (v) to develop appropriate linkages and co-ordination between the formal system of juvenile justice and voluntary agencies engaged in the welfare of neglected or socially maladjusted children and to specifically define the areas of their responsibilities and roles; (vi) to constitute special offences in relation to juveniles and provide for punishments therefor; (vii) to bring the operation of the juvenile justice system in the country in conformity with the United Nations Standard Minimum Rule for the Administration of Juvenile Justice. 3. As its various provisions come into force in different parts of the country they would replace the corresponding laws on the subject such as the Children Act, 1960 and other State enactments on the subject." Thus, the whole object of the Act is to provide for the care, protection, treatment, development and rehabilitation of neglected delinquent juveniles. It is a benefici ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rd is suggests that for determination of age of juvenile the date of production would be reckoning date as the inquiry with regard to his age begins from the date he is brought before the Court and not otherwise. We are unable to countenance this submission. We have already noticed that the definition of delinquent juvenile means a juvenile who has been found to have committed an offence. The word is employed in Section 32 is referable to a juvenile who is said to have committed an offence on the date of the occurrence. We may also notice the provisions of Section 18 of the 1986 Act. Section 18 provides for bail and custody of juveniles. It reads:- 18. BAIL AND CUSTODY OF JUVENILES.(1) When any person accused of a bailable or non-bailable offence and apparently a juvenile is arrested or detained or appears or is brought before a Juvenile Court, 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 but he shall not be so released if there appear reasonable grounds for believing that the release is likely to bring him into association with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat juvenile in accordance with the provisions of this Act as if it had been satisfied on inquiry under this Act that the juvenile has committed the offence." The legislative intendment underlying Sections 3 and 26 read with the preamble, aims and objects of the Act is clearly discernible. A conjoint reading of the Sections, preamble, aims and objects of the Act leaves no matter of doubt that the legislature intended to provide protection, treatment, development and rehabilitation of neglected or delinquent juveniles and for the adjudication thereof. Interpretation of Sections 3 and 26 of the Act are no more res-integra. Sections 3 and 26 of the 1986 Act as quoted above are in pari materia with Sections 3 and 26 of the Rajasthan Children Act, 1970 (Raj. Act 16 of 1970). A three-Judge bench of this Court in Umesh Chandra (supra) after considering the preamble, aims and objects and Sections 3 and 26 of the Rajasthan Act, held that the Act being a piece of social legislation is meant for the protection of infants who commit criminal offences and, therefore, such provisions should be liberally and meaningfully construed so as to advance the object of the Act. This Court then said in p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... offence he was below the age of 18 years. To buttress his point counsel heavily relied upon the provisions contained in Section 20 of the Act and Rules 61 and 62 framed by the Central Government. Per contra Mr. Sharan counsel for the respondent would contend that the 1986 Act has been repealed by Section 69(1) of the 2000 Act and, therefore, the provisions of 2000 Act would not be extended to a case/inquiry initiated and pending under the provisions of 1986 Act, the Act of 2000 being not retrospective. To answer the aforesaid question, it would be necessary to make a quick survey of the definitions and Sections of 2000 Act, relevant for the purpose of disposing of the case at hand. As stated hereinabove the whole object of the Acts is to provide for the care, protection, treatment, development and rehabilitation of juveniles. The Acts being benevolent legislations, an interpretation must be given which would advance the cause of the legislation i.e. to give benefit to the juveniles. The 1986 Act was holding the field till it was eclipsed by the emergence of 2000 Act w.e.f. 1.4.2001, the date on which the said Act came into force by the Notification dated 28.2.2001 in the Offici ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he 2000 Act no distinction has been drawn between the male and female juvenile. The limit of 16 years in 1986 Act has been raised to 18 years in 2000 Act. In the 2000 Act wherever the word "juvenile" appears the same will now have to be taken to mean a person who has not completed 18 years of age. Section 3 provides as follows: "3. Continuation of inquiry in respect of juvenile who has ceased to be a juvenile.- Where an inquiry has been initiated against a juvenile in conflict with law or a child in need of care and protection and during the course of such inquiry the juvenile or the child ceases to be such, then notwithstanding anything contained in this Act or in any other law for the time being in force, the inquiry may be continued and orders may be made in respect of such person as if such person had continued to be a juvenile or a child." Thus, even where an inquiry has been initiated and the juvenile ceases to be a juvenile i.e. crosses the age of 18 years, the inquiry must be continued and orders made in respect of such person as if such person had continued to be a juvenile. Similarly, under Section 64 where a juvenile is undergoing a sentence of imprisonment at the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .-(1) No juvenile in conflict with law or a child shall be denied the benefits of the Act and the rules made thereunder. (2) All pending cases which have not received a finality shall be dealt with and disposed of in terms of the provisions of the Act and the rules made thereunder. (3) Any juvenile in conflict with law, or a child shall be given the benefits under sub-rule (1), and it is hereby clarified that such benefits shall be made available not only to those accused who was juvenile or a child at the time of commission of an offence, but also to those who ceased to be a juvenile or a child during the pendency of any enquiry or trial. (4) While computing the period of detention of stay of a juvenile in conflict with law or of a child, all such period which the juvenile or the child has already spent in custody, detention or stay shall be counted as part of the period of stay or detention contained in the final order of the competent authority." This Rule also indicates that the intention of the Legislature was that the provisions of the 2000 Act were to apply to pending cases provided, on 1.4.2001 i.e. the date on which the 2000 Act came into force, the person was a "juven ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
