1

LAW OF
JUVENILE JUSTICE
S.S. Upadhyay
Former District & Sessions Judge/
Former Addl. Director (Training)
Institute of Judicial Training & Research, UP, Lucknow.
Member, Governing Body,
Chandigarh Judicial Academy, Chandigarh.
Former Legal Advisor to Governor
Raj Bhawan, Uttar Pradesh, Lucknow
Mobile : 9453048988
E-mail : [email protected]
Website: lawhelpline.in

1(A). Juvenile Justice (Care & Protection of Children) Act, 2015 : Repealing
the Juvenile Justice (Care & Protection of Children) Act, 2000, the
Parliament has now enacted the Juvenile Justice (Care & Protection of
Children) Act, 2015. Sub-section (3) of Section 1 of the JJ Act, 2015
provides that the new JJ Act, 2015 shall come into force on such date as the
Central Government may, by notification in the official gazette, appoint.
The Central Government issued its notification on 12.01.2016 with the
direction that the said Juvenile Justice Act, 2015 shall come into force
w.e.f. 15.01.2016. The new JJ Act, 2015 has thus come into force w.e.f.
15.01.2016. The relevant notification dated 12.01.2016 issued by the
Ministry of Women & Child Development is quoted below :
Notification dated 12.01.2016 : MINISTRY OF WOMEN AND CHILD
DEVELOPMENT, New Delhi, the 12th January, 2016 S.O. 110(E).—In
exercise of the powers conferred by sub-section (3) of section 1 of the
Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016),
the Central Government hereby appoints the 15th day of January, 2016 as
the date on which the said Act shall come into force. [No. CW-II-
11/4/2015-CW.II]
1(B).Applicability of the new JJ Act, 2015 to the pending cases as on
15.01.2016 i.e. the date of enforcement of the new JJ Act, 2015 :
Section 25 of the JJ Act, 2015 reads thus : "Notwithstanding anything
contained in this Act, all proceedings in respect of a child alleged or found
to be in conflict with law pending before any Board or court on the date of
commencement of this Act, shall be continued in that Board or Court as if
this Act had not been enacted."
1(C) Juvenile—who is ? : According to Sec. 2(35) of the Juvenile Justice (Care
& Protection of Children) Act, 2015, “juvenile” means a child below the
age of eighteen years.
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1(D). Child—who is ? : According to Section 2(12) of the Juvenile Justice (Care

& Protection of Children) Act, 2015, "child" means a person who has not
completed eighteen years of age.
1(E) "Juvenile" : According to Section 2(35) of the Juvenile Justice (Care &
Protection of Children) Act, 2015, “juvenile” means a child below the age
of eighteen years.
1(F). “Child in conflict with law”--who is ? : According to Section 2(13) of the
Juvenile Justice (Care & Protection of Children) Act, 2015, "Child in
conflict with law" means a child who is alleged or found to have committed
an offence and who has not completed eighteen years of age on the date of
commission of such offence.
1(G). "Children's Court" : According to Section 2(20) of the Juvenile Justice
(Care & Protection of Children) Act, 2015, ''Children's Court" means a
court established under the Commissions for Protection of Child Rights
Act, 2005 or a Special Court under the Protection of Children from Sexual
Offences Act, 2012, wherever existing and where such courts have not been
designated, the Court of Sessions having jurisdiction to try offences under
the Act.
1(H) "Heinous Offences" : According to Section 2(33) of the Juvenile Justice
(Care & Protection of Children) Act, 2015, “heinous offences” includes the
offences for which the minimum punishment under the Indian Penal Code
or any other law for the time being in force is imprisonment for seven years
or more.
1(I) "Serious Offences" : According to Section 2(54) of the Juvenile Justice
(Care & Protection of Children) Act, 2015, “serious offences” includes the
offences for which the punishment under the Indian Penal Code or any
other law for the time being in force, is imprisonment between three to
seven years.
1(J) "Petty Offences" : According to Section 2(45) of the Juvenile Justice
(Care & Protection of Children) Act, 2015, “petty offences” includes the
offences for which the maximum punishment under the Indian Penal Code
or any other law for the time being in force is imprisonment up to three
years.
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2(A). Procedure in relation to Board : According to Sec. 7 of the Juvenile

Justice (Care & Protection of Children) Act, 2015,
(2) A child in conflict with law may be produced before an individual
member of the Board, when the Board is not in sitting.
(3) A Board may act notwithstanding the absence of any member of the
Board, and no order passed by the Board shall be invalid by the reason only
of the absence of any member during any stage of proceedings. Provided
that there shall be at least two members including the Principal Magistrate
present at the time of final disposal of the case or in making an order under
sub-section (3) of section 18.
2(B). Sec. 8. Powers, functions and responsibilities of the Board :
(1) Notwithstanding anything contained in any other law for the time
being in force but save as otherwise expressly provided in this Act,
the Board constituted for any district shall have the power to deal
exclusively with all the proceedings under this Act, relating to
children in conflict with law, in the area of jurisdiction of such
Board.
(2) The powers conferred on the Board by or under this Act may also be
exercised by the High Court and the Children’s Court, when the
proceedings come before them under section 19 or in appeal, revision
or otherwise.
3(c) ensuring availability of legal aid for the child through the legal
services institutions.
2(C): Procedure to be followed by the Board, appellate and revisional courts
: Sec. 103 of the JJ Act, 2015 : Sec. 103(1) of the JJ Act, 2015 provides
that save as otherwise expressly provided by this Act, a Committee or a
Board while holding any inquiry under any of the provisions of this Act,
shall follow such procedure as may be prescribed and subject thereto,
shall follow, as far as may be, the procedure laid down in the Code of
Criminal Procedure, 1973 for trial of summons cases.
Section 103(2) of the JJ Act, 2015 provides that save as otherwise
expressly provided by or under this Act, the procedure to be followed in
hearing appeals or revision proceedings under this Act shall be, as far as
practicable, in accordance with the provisions of the Code of Criminal
Procedure, 1973.
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2(D): Principles of natural justice to be followed in procedure : Basic procedural

standards of fairness shall be adhered to, including the right to a fair
hearing, rule against bias and the right to review, by all persons or
bodies, acting in a judicial capacity under this Act.
2(E). Procedure to be followed by a Magistrate who has not been empowered
under the JJ Act, 2015 (Sec. 9 of JJ Act, 2015):
(1) When a Magistrate, not empowered to exercise the powers of the
Board under this Act is of the opinion that the person alleged to have
committed the offence and brought before him is a child, he shall,
without any delay, record such opinion and forward the child
immediately along with the record of such proceedings to the Board
having jurisdiction.
(2) In case a person alleged to have committed an offence claims before
a court other than a Board, that the person is a child or was a child on
the date of commission of the offence, or if the court itself is of the
opinion that the person was a child on the date of commission of the
offence, the said court shall make an inquiry, take such evidence as
may be necessary (but not an affidavit) to determine the age of such
person, and shall record a finding on the matter, stating the age of the
person as nearly as may be.
2(F.).Inquiry by Board regarding child in conflict with law : Section 14 of JJ
Act, 2015 : Sub-section (1) of Sec. 14 of JJ Act, 2015 provides that where a
child alleged to be in conflict with law is produced before Board, the Board
shall hold an inquiry in accordance with the provisions of this Act and may
pass such orders in relation to such child as it deems fit under sections 17
and 18 of this Act.
(2) The inquiry under this section shall be completed within a period of
four months from the date of first production of the child before the
Board, unless the period is extended, for a maximum period of two
more months by the Board, having regard to the circumstances of the
case and after recording the reasons in writing for such extension.
(3) A preliminary assessment in case of heinous offences under section
15 shall be disposed of by the Board within a period of three months
from the date of first production of the child before the Board.
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(4) If inquiry by the Board under sub-section (2) for petty offences
remains inconclusive even after the extended period, the proceedings
shall stand terminated.
certain clauses of sub-section (5) to Sec. 14 of the JJ Act, 2015
provides as under :
(d) cases of petty offences, shall be disposed of by the Board through
summary proceedings, as per the procedure prescribed under the
Code of Criminal Procedure, 1973.
(e) inquiry of serious offences shall be disposed of by the Board, by
following the procedure, for trial in summons cases under the Code
of Criminal Procedure, 1973.
(f) inquiry of heinous offences,—
(i) for child below the age of sixteen years as on the date of commission
of an offence shall be disposed of by the Board under clause (e).
(ii) for child above the age of sixteen years as on the date of commission
of an offence shall be dealt with in the manner prescribed under
section 15.
2(G). Preliminary assessment into heinous offences by Board : Sec. 15(1) of
the JJ Act, 2015 : In case of a heinous offence alleged to have been
committed by a child, who has completed or is above the age of sixteen
years, the Board shall conduct a preliminary assessment with regard to his
mental and physical capacity to commit such offence, ability to understand
the consequences of the offence and the circumstances in which he allegedly
committed the offence, and may pass an order in accordance with the
provisions of subsection (3) of section 18. Provided that for such an
assessment, the Board may take the assistance of experienced psychologists
or psycho-social workers or other experts.
Explanation : For the purposes of this section, it is clarified that preliminary
assessment is not a trial, but is to assess the capacity of such child to
commit and understand the consequences of the alleged offence.
(2) Where the Board is satisfied on preliminary assessment that the
matter should be disposed of by the Board, then the Board shall
follow the procedure, as far as may be, for trial in summons case
under the Code of Criminal Procedure, 1973. Provided that the order
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of the Board to dispose of the matter shall be applealable under sub-

section (2) of section 101.
2(H). JJ Board when to transfer the case to the Children's Court : Sec.
15(3) of the JJ Act, 2015 ? : Where the Board after preliminary
assessment under section 15 pass an order that there is a need for trial
of the said child as an adult, then the Board may order transfer of the
trial of the case to the Children’s Court having jurisdiction to try such
offences.
2(I). Powers of children's court on receiving the case on transfer from
the JJ Board : Section 19(1) of the JJ Act, 2015 : 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(J). Sec. 19(1) of the JJ Act, 2015 when not to apply to a child in
conflict with law who is above 18 years of age : Proviso to Sec.
24(1) of the JJ Act, 2015 provides that notwithstanding anything
contained in any other law for the time being in force, a child who
has committed an offence and has been dealt with under the
provisions of this Act shall not suffer disqualification, if any,
attached to a conviction of an offence under such law:
Provided that in case of a child who has completed or is above the
age of sixteen years and is found to be in conflict with law by the
Children’s Court under clause (i) of sub-section (1) of section 19, the
provisions of sub-section (1) shall not apply.
Sec. 24(2) of the JJ Act, 2015 : The Board shall make an order
directing the Police, or by the Children’s court to its own registry that
the relevant records of such conviction shall be destroyed after the
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expiry of the period of appeal or, as the case may be, a reasonable
period as may be prescribed:
Provided that in case of a heinous offence where the child is found
to be in conflict with law under clause (i) of sub-section (1) of
section 19, the relevant records of conviction of such child shall be
retained by the Children’s Court.

3(A). Accused crossing 18 years of age on 01.04.2000 entitled to the benefit of

2000 Act : Where the accused persons were juvenile even under the
provisions of Juvenile Justice Act, 1986 but crossed the age of 18 years
when 2000 Act came into force, they would be treated as juvenile in
subsequent appeal and are entitled to benefit and protection under 2000
Act. Accused persons had committed offense u/s 302/ 34 IPC & had
crossed age of 40 years and it was held by the Supreme Court that it will
not be conducive to environment in special home as the accused persons
had undergone an actual period pf sentence of more than 3 years, the
maximum period provided under Sec 15 of 2000 Act, while sustaining
there conviction u/s 302 /34 IPC, sentences awarded to them were set aside
by the Supreme Court. See : Lakhan Lal Vs. State of Bihar, AIR 2011
SC 842.

3(B).Place of detention of juvenile becoming major during pendency of case :

Where the accused had gone into juvenile home when he was juvenile but
during the pendency of case (appeal) he had attained the age of majority
(nearly 35 years), interpreting the provisions of Sec.2(k), 2(l), 7-A, 20, 49
of the Act of 2000 r/w rules 12 and 98 of the Rules, 2007, it has been held
by the Supreme Court that it may not be conducive in the environment in
the special home and to the interest of other juveniles housed in the special
home to refer him to the board for passing orders for sending him (accused)
to a special home or for keeping him at some other place of safety. See :
Dharambir Vs. State (NCT of Delhi), (2010) 5 SCC 344.

3(C). Minor girl can be allowed to be kept in children home but not in
observation home meant for juveniles : A minor girl undergoing
marriage in violation of the provisions of the Prohibition of Child Marriage
Act, 2007 if has capacity to determine and refuses custody of her parents,
can be allowed to be kept in children's home but not in observation home
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meant for juveniles in conflict with JJ Act, 2000. Such minor girl cannot
be compelled to go to custody of her parents and instead the court may
entrust her in the custody of a fit person subject to her volition. Sections 17
& 19 of Guardians and Wards Act can be taken for guidance. See :
Sivakumar Vs. Inspector of Police, AIR 2012 Madras 62 (F.B.)

3(D). Five-Judge Constitution Bench decision in Pratap Singh's case no

longer relevant after 2006 Amendments in the JJ Act, 2000 : The Five-
Judge Constitution Bench decision of the Supreme Court given in Pratap
Singh Vs. State of Jharkhand & another, AIR 2005 SC 2731 came up for
consideration by the Supreme Court in Hari Ram Vs. State of Rajasthan &
another, (2009) 13 SCC 211 wherein (in paras 12, 13, 14), the Hon'ble
Supreme Court has observed that "after this court's decision in Pratap
Singh's case and presumably as a result of that decision a No. of
amendments of a very basic nature were introduced in the JJ Act, 2000
w.e.f. 22.08.2006 by Act No. 33 of 2006. In Hari Ram's case (in para 59),
the Hon'ble Supreme Court held that the Constitution Bench decision in
Pratap Singh's case was no longer relevant since it was rendered under the
un amended Act of 2000. The law as now crystallized on a conjoint
reading of Sections 2(k), 2(l), 7-A, 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 prior to 01.04.2001 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. See : Daya
Nand Vs. State of Haryana, AIR 2011 SC 593.

3(E). Accused to get benefit of 2000 Act even if convicted prior to 01.04.2000
(Sec. 64) : Where on the date of occurrence accused was over 16 years of
age and had crossed the age of 18 years on 01.04.2000, the date when 2000
Act came into force and was undergoing imprisonment after conviction on
date when 2000 Act into force, it has been held by the Hon'ble Supreme
Court that in view of Sections 2(l) and 20 of the 2000 Act as inserted by
Act No 33 of the 2006, the accused cannot be kept in prison to undergo
sentence and should be directed to be released and to be tried before
juvenile court. See :
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(i) Daya Nand Vs. State of Haryana, AIR 2011 SC 593

(ii) Lakhan Lal Vs. State of Bihar, AIR 2011 SC 842
(iii) Dharambir Vs. State (NCT of Delhi) AIR 2010 SC 1801

3(F). All Accused below 18 years of age on date of commission of offence to

get benefit of 2000 Act : Benefit of the provisions of Sections 2(k), 2(l), 7-
A and 20 of the JJ Act, 2000 will be available to all persons who were
below 18 years of age on date of commission of offence irrespective of
whether offence was committed before are after enforcement of 2000 Act,
i.e. 01.04.2000. See : Dharambir Vs. State (NCT of Delhi) AIR 2010
SC 1801

3(G). Accused below 18 years of age on date of commission of offence to get

benefit of 2000 Act : Where the date of birth of the accused was
10.05.1982, date of occurrence was 01.05.1999, his age on date of
occurrence was 16 years 11 months 21 days and he had not completed the
age of 18 years on the date of offence i.e. on 01.05.1999, it has been held
by the Hon'ble Supreme Court that in view of the provisions of section 2(l),
7-A, 20 and 64 of the JJ Act, 2000, the accused/convict who had already
undergone 12 years in jail, was entitled to the benefit of the JJ Act, 2000
irrespective of the fact that he had ceased to be a juvenile on or before
01.04.2001. The accused was therefore directed to be released from custody
forthwith. See : Amit Singh Vs. State of Maharashtra and another,
2011(74) ACC 887(SC)
Note : Case of Hari Ram Vs. State of Rajasthan and others, 2010(68) ACC 367(SC)
relied upon in the case of Amit Singh.

3(H). A Juvenile under 1986 Act crossing age of 18 years on 01.04.2000

would be treated as Juvenile in subsequent appeal : where the accused
was convicted for the offence under Section 302/34 of the IPC and was
juvenile even under the provisions of the JJ Act, 1986 but had crossed the
age of 18 years when 2000 Act came into force on 01.04.2000, it has been
held by the Hon'ble Supreme Court that the accused would be treated
juvenile in subsequent appeal and would be entitled to the benefit and
protection of Section 2(l), 7 and 20 of the 2000 Act. Since the convicted
accused persons had crossed age of 40 years, therefore, it was held by the
Hon'ble Supreme Court that it will not be conducive to environment in
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special home if they are kept therein. The accused person had already
undergone an actual period of sentence of more than three years, maximum
period provided under Section 15 of 2000 Act, and while sustaining their
conviction for offence under section 302/34 of the IPC, sentence awarded
to them was set aside by the Hon'ble Supreme Court. See : Lakhan Lal Vs.
State of Bihar, AIR 2011 SC 842.

4. Applicability of the 1986 JJ Act and 2000 JJ Act (Sec. 20 & Rule 97) to
pending cases : (A)The Juvenile Justice (Care & Protection of Children)
Act, 2000 came into force on 1.4.2001. Provisions of the JJ Act, 2000
would be applicable to those cases initiated and pending inquiry or trial for
the offences committed under the Juvenile Justice Act, 1986 provided that
the person had not completed 18 years of age as on 1.4.2001. Sec. 20 of the
2000 JJ Act would apply only when the following twin conditions are
fulfilled-----
(i) That on the date of enforcement of the 2000 Act, i.e. on 1.4.2001 the
proceeding was pending.
(ii) That on the date of enforcement of the 2000 Act, i.e. on 1.4.2001 the
accused was below the age of 18 years. See :
1. Bijender Singh Vs. State of Haryana, 2005 (3) SCJ 644
2. Pratap Singh Vs. State of Jharkhand & another, 2005 (2) SCJ 70 (Five-Judge
Bench).
(B) Where the accused below 18 years (17 years on the date of occurrence) was
convicted by the ASJ for the offences u/s. 302, 452, 323 IPC and during the
pendency of appeal, the juvenile raised the plea of juvenility and benefit of
the 2000 Act, the Supreme Court, rejecting the contention of the accused to
extend benefit of 2000 Act to him, ruled that as the accused was not a
person below the age of 18 years on the date of enforcement of the 2000
Act, i.e. on 1.4.2001, benefit of Sec. 20 under the 2000 Act could not have
been extended to him even if his case was pending prior to the coming into
force the 2000 Act. See :
1. Ranjit Singh Vs. State of Haryana, 2008 (63) ACC 130 (SC)
2. Jameel Vs. State of Maharashtra, 2007 (57) ACC 1064 (SC).
(C) Where a male accused was found to be 17 years of age on the date of
occurrence, it has been held that he was not entitled to the benefit of 1986
Act. See : Satbir Singh Vs. State of Haryana, (2005) 12 SCC 72.
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(D) Where the criminal case against the accused was initiated and pending
under the 1986 Act, it has been held that the 1986 Act would have applied
to the accused provided he had not completed 18 years of age as on
1.4.2001 i.e. the date of enforcement of the 2000 Act and as such the plea
of the accused that the 2000 Act was applicable in respect of his case was
rejected. See : Satbir Singh vs. State of Haryana, (2005) 12 SCC 72

5. Effects of amendments in the Juvenile Justice (Care & Protection of

Children) Act, 2000 (vide Amending Act No. 33 of 2006 w.e.f.
22.8.2006) :The effects of amendments in the Juvenile Justice (Care &
Protection of Children) Act, 2000 vide amending Act no. 33 of 2006 w.e.f.
22.8.2006 are as under :
(i) Sections 1, 2, 4, 6, 10, 12, 14, 15, 16, 20, 29, 32, 33, 34, 39, 41, 59,
64, 68 stand amended.
(ii) Insertion of new Sections like 7-A, 62-A.
(iii) Substitution of new Sections for sections 21 & 57.

6(A-1).Rules making powers of the Central and the State Governments :

Section 110(1) of the JJ Act, 2015 : The State Government shall, by
notification in the Official Gazette, make rules to carry out the purposes of
this Act.
Provided that the Central Government may, frame model rules in respect
of all or any of the matters with respect to which the State Government is
required to make rules and where any such model rules have been framed
in respect of any such matter, they shall apply to the State mutatis mutandis
until the rules in respect of that matter are made by the State Government
and while making any such rules, they conform to such model rules.
6(A-2).Effect of the Juvenile Justice (Care & Protection of Children) Rules,
2007: New Rules called “Juvenile Justice (Care & Protection of Children)
Rules, 2007” have been framed and made enforceable vide Central
Government’s Notification No.:G.S.R. 679(E) of 2007, dated Nov. 26,
2007. According to Rule 96 of the 2007 Rules, only the Rules contained
under these new Rules are applicable w.e.f. 26.11.2007 to give effect to the
provisions of the 2000 Act with the result that the Rules framed in U.P.
under “U.P. Juvenile Justice (Care & Protection of Children) Rules, 2004”
are no more applicable w.e.f. 26.11.2007. Rule 96 of the Juvenile Justice
(Care & Protection of Children) Rules, 2007 reads as under :
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“Rule 96- It is hereby declared that until the new rules conforming to
these rules are framed by the State Government concerned under section 68
of the Act, these rules shall mutatis mutandis apply in that State.”

It is thus clear that in the absence of any new rules framed in U.P.,
only the rules contained under the 2007 Rules are applicable and the U.P.
rules framed in the year 2004 are no more applicable.

Rule 97- “Pending Cases— (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) of this rule, and it is hereby clarified that such benefits
shall be made available to all those accused who were juvenile or a child at
the time of commission of an offence, even if they cease to be a juvenile or
a child during the pendency of any inquiry or trial.
(4) While computing the period of detention or stay or sentence 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, stay or sentence of
imprisonment shall be counted as a part of the period of stay or detention or
sentence of imprisonment contained in the final order of the court or the
Board.”
Section 20 : “Special provision in respect of pending cases—
Notwithstanding anything contained in this Act, all proceedings in respect
of a juvenile pending in any Court in any area on the date on which this Act
comes into force in that area, shall be continued in that Court as if this Act
had not been passed and if the Court finds that the juvenile has committed
an offence, it shall record such finding and instead of passing any sentence
in respect of the juvenile, forward the juvenile to the Board which shall
pass orders in respect of that juvenile in accordance with the provisions of
this Act as if it had been satisfied on inquiry under this Act that a juvenile
has committed the offence:
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Provided that the Board may, for any adequate and special reason to
be mentioned in the order, review the case and pass appropriate order in the
interest of such juvenile.
Explanation- In all pending cases including trial, revision, appeal or
any other criminal proceedings in respect of a juvenile in conflict with law,
in any Court, the determination of juvenility of such a juvenile shall be in
terms of clause (l) of section 2, even if the juvenile ceases to be so on or
before the date of commencement of this Act and the provisions of this Act
shall apply as if the said provisions had been in force, for all purposes and
at all material times when the alleged offence was committed.”
6(AA).Whether UP J.J. Rules, 2004 would apply in the State of UP or the
Central J.J. Rules, 2007, matter referred to larger Bench by single
Hon'ble Judge Justice Mushaffey Ahmad : See : Jai Prakash Tiwari
Vs. State of U.P., 2013 (81) ACC 279 (All).
6(B-1).JJ Board to conduct child friendly enquiry and not an adversarial
trial of juvenile : Rule 13 of the JJ Rules, 2007 requires the JJ Board to
conduct child friendly enquiry and not an adversarial trial of juvenile. See :
Dr. Subramanian Swamy Vs. Raju, 2014 (86) ACC 637 (Three-Judge Bench).

6(B-2).Salient features of 2007 Rules : Certain salient features of the Juvenile

Justice (Care And Protection of Children) Rules, 2007 are as under :
(1) 3 (2) I. (a) : Presumption of innocence of juvenile or child :
(2) 3 (2) I (d)(iii) & (14) : Legal aid and guardian ad litem for juvenile
(3) 3 VIII : Prohibition of accusatory words against juvenile
(4) 5 (1): Composition of JJ Board by a Metropoliton Magistrate or a
Magistrate of the first class, two Social Workers of whom at least
one shall be Woman.
(5) 5 (2): Procedure of CrPC for JJ Board
(6) 10 : Functions of JJ Board
(7) 11, 13 : Pre and post-production action of police and other agencies
and post production process by the JJ Board
(8) 75, 76 : Except at the time of arrest, Police officer to be in plain
clothes & no hand cuffing and fetters on juvenile
(9) Rule 11 (10) & Section 5 (2) : Juvenile to be produced before the
single member of the Board when the Board is not sitting.
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(10) 11(11) : Registering FIR or filing charge-sheet not required except

where the offence committed by juvenile is of serious nature such as
rape, murder or committed jointly with adults
(11) 12 (2) : Prima facie determination of juvenility from physical
appearance or documents also.
(12) 12 (2) : Prima facie determination of juvenility from physical
appearance or documents for sending him to Observation Home or to
jail
(13) 12 (3) (a) (i) to (iii) & Section 14 : Procedure to be followed in
determination of age of juvenile
(14) 12 (3) (b) : Medical Boards opinion about age of juvenile
(15) 12 (6) : To apply to decided cases where the status of juvenility was
not determined in accordance with the provisions of Rule 12 (3)
(16) 13 (7) : Proceedings of cases against juvenile involving non serious
offences to be terminated beyond delay of 4 to 6 months
(17) 15 (6) : Personal bond of Bail of juvenile on form VI sufficient
(18) 15 (5), (7) & Section 2 (s), Section 15 (4) : Release of juvenile on
Probation
(19) 62 : Leave of absence of juvenile for purposes like examination,
admission, marriage, emergencies like death, accident, illness in the
family
(20) 15(13) & Section 15 (1)(g) : Maximum detention of juvenile upto 3
years
(21) 77 : Procedure by Magistrate not empowered to deal with juvenile
(22) 78 (4), 79 : Procedure for transfer of Juvenile out of jurisdiction of JJ
Board and record of the case
(23) 84 : Special Juvenile Police Unit for the cases of Juveniles
(24) 87 : Duties of Probation Officers & submission of social
investigation report to the JJ Board
(25) 90 : Training of personal engaged in dealing with juvenile.
(26) 97 & Section 20 : Provision for pending cases of juveniles on
01.04.2000
(27) 99 and Section 19(2) : Removal and Weeding out of records of
decided cases of juveniles after 07 years
 15

(28) Section 18 : No joint trial or proceeding of juvenile with non juvenile

persons
(29) Section 21 : No disclosure of name etc of juvenile and publication of
any matter concerning his case in media etc.
7. Relevant date for determination of juvenility: According to Sec. 2(l) and
Sec. 7-A of the Juvenile Justice (Care & Protection of Children) Act, 2000
and Rules 12(4) and 97(3) of the Juvenile Justice (Care & Protection of
Children) Rules, 2007, the relevant date for determination of the juvenility
or the age of a juvenile is the date of offence alleged to have been
committed by the juvenile. In the cases noted below, the Hon’ble Supreme
Court has held that relevant date for determining the age of the juvenile
would be the one on which the offence has been committed and not when
he is produced in court. See :
(i) Ashok Kumar Mehra Vs. State of Punjab AIR, 2019 SC 1903
(ii) Vimal Chadha vs. Vikas Chowdhary, 2008(62) ACC 264 (SC)
(iii)Pratap Singh vs. State of Jharkhand & another, 2005(2) SCJ 70
(Five-Judge Bench)….No more relevant after 2000 Act.
(iv)Dharambir Vs. State (NCT of Delhi), (2010) 5 SCC 344.

Note:But in the case of Arnit Das vs. State of Bihar, 2000 (41) ACC 191
(SC) under the old Juvenile Justice Act, 1986, the Supreme Court had held
that the relevant date for determining the juvenility or the age of the
juvenile is the date when the delinquent was brought before the court or the
competent authority. This ruling now stands overruled by the Supreme
Court in the cases noted above.

8. Forum of inquiry/trial of Juvenile : Sec. 6 of the 2000 Act provides for

the powers and forum for the inquiry/trial of the offences under the Act.
Sec. 6 of the Act reads as under ---
“Sec. 6- Powers of Juvenile Justice Board- (1) Where a Board has been
constituted for any district, such Board shall, notwithstanding anything
contained in any other law for the time being in force but save as otherwise
expressly provided in this Act, have power to deal exclusively with all
proceedings under this Act relating to juvenile in conflict with law.
(2) The powers conferred on the Board by or under this Act may also be
exercised by the High Court and the Court of Session, when the proceeding
comes before them in appeal, revision or otherwise.”
 16

an accused aged 14 years and 4 months was charge sheeted by the

I.O. for the offences u/s. 147, 148, 149, 307, 302, 504, 506 IPC, it was held
by the Allahabad High Court (in the case noted below) that trial could not
be held by regular court of Magistrate or Sessions Judge but by Juvenile
Justice Board only. See : Guddu alias Mohd. Islam vs. State of U.P.,
2005 (53) ACC 876 (Allahabad)

9(A).Powers of JJ Board : Sec. 6 of the Juvenile Justice (Care & Protection of

Children) Act, 2000 provides for the powers that can be exercised by a JJ
Board. Sec. 6 of the Act reads as under-----
“Sec. 6- (1) Where a Board has been constituted for any district, such
Board shall, notwithstanding anything contained in any other law for the
time being in force but save as otherwise expressly provided in this Act,
have power to deal exclusively with all proceedings under this Act relating
to juvenile in conflict with law.
(2) The powers conferred on the Board by or under this Act may also be
exercised by the High Court and the Court of Session, when the proceeding
comes before them in appeal, revision or otherwise.”

9(B).Powers & procedure of Sessions Judge to hold enquiry for

determination of age of Juvenile : The powers and the procedure of
Sessions Judge under the Act, 2000 and the juvenile justice ( Care &
Protection of Children) Rules, 2007 in conducting any inquiry or the
proceedings in relation to a juvenile are as under :
Sec. 6(2) of the Act, 2000- The powers conferred on the Board by or under
the Act may also be exercised by the High Court and the Court of Sessions,
when the proceeding comes before them in appeal, revision or otherwise.
Sec. 7-A (w.e.f. 22.8.2006- (1) Whenever a claim of juvenility is raised
before any Court or a Court is of the opinion that an accused person was a
juvenile on the date of commission of the offence, the Court shall make an
inquiry, take such evidence as may be necessary (but not an affidavit) so as
to determine the age of such person, and shall record a finding whether the
person is a juvenile or a child or not, stating his age as nearly as may be:
Provided that a claim of juvenility may be raised before any Court
and it shall be recognized at any stage, even after final disposal of the case,
and such claim shall be determined in terms of the provisions contained in
 17

this Act and the rules made thereunder, even if the juvenile has ceased to be
so on or before the date of commencement of this Act.
(2) If the Court finds a person to be a juvenile on the date of commission of the
offence under sub-section (1), it shall forward the juvenile to the Board for
passing appropriate order, and the sentence, if any, passed by a Court shall
be deemed to have no effect.

9(C).Providing opportunity for producing evidence to parties mandatory :

While holding enquiry to decide juvenility of a person under the 2000 Act,
the court is bound to give opportunity to the parties to lead their evidence.
See---Nafees Ahmad Vs. State of U.P., 2010(70) ACC 305 (All)

9(D). Rule 12 of JJ Rules, 2007 to apply both to the juvenile & to the victim
of crime : Even though Rule 12 of the Juvenile Justice (Care and
Protection of Children) Rules, 2007, is strictly applicable only to the
determine the age of a child in conflict with law, the aforesaid statutory
provision should be the basis for determining age even of a child who is a
victim of crime. For, there is hardly any difference insofar as the issue of
minority is concerned between a child in conflict with law and a child who
is a victim of crime. Therefore, it would be just and appropriate to apply
Rule 12 of the 2007 Rules to determine the age of the prosecutrix who is
the victim of offences of kidnapping and gang rape etc i.e. offences u/s
376(2)(g), 366, 120-B of the IPC (in this case). See : Jarnail Singh Vs. State
of Haryana, (2013) 7 SCC 263. (Para 23).
9(D-1).Determination of age of a child in conflict with law : Sec. 94 of the JJ
Act, 2015 : Section 94(1) of the JJ Act, 2015 provides that where, it is
obvious to the Committee or the Board, based on the appearance of the
person brought before it under any of the provisions of this Act (other than
for the purpose of giving evidence) that the said person is a child, the
Committee or the Board shall record such observation stating the age of the
child as nearly as may be and proceed with the inquiry under section 14 or
section 36, as the case may be, without waiting for further confirmation of
the age.
Sec. 94(2) of the JJ Act, 2015 : In case, the Committee or the Board has
reasonable grounds for doubt regarding whether the person brought before
it is a child or not, the Committee or the Board, as the case may be, shall
 18

undertake the process of age determination, by seeking evidence by

obtaining —
(i) the date of birth certificate from the school, or the matriculation or
equivalent certificate from the concerned examination Board, if available;
and in the absence thereof;
(ii) the birth certificate given by a corporation or a municipal authority or a
panchayat;
(iii) and only in the absence of (i) and (ii) above, age shall be determined
by an ossification test or any other latest medical age determination test
conducted on the orders of the Committee or the Board:
Provided such age determination test conducted on the order of the
Committee or the Board shall be completed within fifteen days from the
date of such order.
Sec. 94(3) of the JJ Act, 2015 : The age recorded by the Committee or the
Board to be the age of person so brought before it shall, for the purpose of
this Act, be deemed to be the true age of that person.
9(D-2).Procedure to be followed in determination of Age (Rule 12(3)(a) & (b)
of the 2007 Rules) : (1) In every case concerning a child or a juvenile in
conflict with law, the court or the Board or as the case may be the
Committee referred to in rule 19 of these rules shall determine the age of
such juvenile or child or a juvenile in conflict with law within a period of
thirty days from the date of making of the application for that purpose.
(2) The court or the Board or as the case may be the Committee shall decide
the juvenility or otherwise of the juvenile or the child or as the case may be
the juvenile in conflict with law.
prima facie on the basis of physical appearance or documents, if
available, and send him to the observation home or in jail.
(3) In every case concerning a child or juvenile in conflict with law, the age
determination inquiry shall be conducted by the court or the Board or, as
the case may be, the Committee by seeking evidence by obtaining--
(a) (i) the matriculation or equivalent certificates, if available; and in the
absence whereof;
(ii) the date of birth certificate from the school (other than a play school) first
attended; and in the absence whereof;
 19

(iii) the birth certificate given by a corporation or a municipal authority or

panchayat;
(b) and only in the absence of either (i), (ii) or (iii) of clause (a) above, the
medical opinion will be sought from a duly constituted Medical Board,
which will declare the age of the juvenile or child. In case exact assessment
of the age cannot be done, the Court or the Board, as the case may be, the
Committee, for the reasons to be recorded by them, may, if considered
necessary, give benefit to the child or juvenile by considering his/her age
on lower side within the margin of one year; and, while passing orders in
such case shall, after taking into consideration such evidence as may be
available, or the medical opinion, as the case may be, record a finding in
respect of his age and either of the evidence specified in any of the clauses
(a)(i), (ii), (iii) or in the absence whereof, clause (b) shall be the conclusive
proof of the age as regards such child or the juvenile in conflict with law.
(4) If the age of a juvenile or child or the juvenile in conflict with law is found
to be below 18 years on the date of offence, on the basis of any of the
conclusive proof specified in sub-rule (3), the court or Board or as the case
may be the Committee shall in writing pass an order stating the age and
declaring the status of juvenility or otherwise, for the purpose of the Act
and these rules and a copy of the order shall be given to such juvenile or the
person concerned.
(5) Save and except where, further inquiry or otherwise is required, inter alia,
in terms of section 7A, section 64 of the Act and these rules, no further
inquiry shall be conducted by the court or the Board after examining and
obtaining the certificate or any other documentary proof referred to in sub-
rule (3) of this rule.
(6) The provisions contained in this rule shall also apply to those disposed of
cases, where the status of juvenility has not been determined in accordance
with the provisions contained in sub-rule (3) and the Act, requiring
dispensation of the sentence under the Act for passing appropriate order in
the interest of the juvenile in conflict with law .
9(D-4).Rule 12(3)(a) of JJ Rules, 2007 and Section 94(2) of JJ Act, 2015
compared :
Rule 12(3)(a) of JJ Rules, 2007 Section 94(2) of JJ Act, 2015
(3) In every case concerning a child (2) In case, the Committee or the
or juvenile in conflict with law, the Board has reasonable grounds for
 20

age determination inquiry shall be doubt regarding whether the person

conducted by the Court or the Board brought before it is a child or not,
or, as the case may be, the the Committee or the Board, as the
Committee by seeking evidence by case may be, shall undertake the
obtaining-- process of age determination, by
seeking evidence by obtaining —

(i) the matriculation or equivalent (i) the date of birth certificate from
certificates, if available; and in the school, or the matriculation or
the absence whereof; equivalent certificate from the
(ii) the date of birth certificate from concerned examination Board, if
the school (other than a play available; and in the absence
school) first attended, and in the thereof;
absence whereof,

(iii) the birth certificate given by a (ii) the birth certificate given by a
corporation or a municipal corporation or a municipal
authority or a Panchayat, authority or a panchayat;

Rule 12(3)(b) : And only in the (iii) and only in the absence of (i)
absence of either (i), (ii) or (iii) of and (ii) above, age shall be
clause (a) above, the medical determined by an ossification test
opinion will be sought from a or any other latest medical age
duly constituted Medical Board, determination test conducted on
which will declare the age of the the orders of the Committee or
juvenile or child. In case exact the Board. Provided such age
assessment of the age cannot be determination test conducted on
done, the Court or the Board, as the order of the Committee or the
the case may be, the Committee, Board shall be completed within
for the reasons to be recorded by fifteen days from the date of such
them, may, if considered order.
necessary, give benefit to the
child or juvenile by considering (3)The age recorded by the
his/her age on lower side within Committee or the Board to be the
the margin of one year; and, while age of person so brought before it
passing orders in such case shall, shall, for the purpose of this Act,
after taking into consideration be deemed to be the true age of
such evidence as may be that person.
available, or the medical opinion,
as the case may be, record a
finding in respect of his age and
either of the evidence specified in
any of the clauses (a)(i), (ii), (iii)
or in the absence whereof, clause
(b) shall be the conclusive proof
 21

of the age as regards such child or

the juvenile in conflict with law.

9(D-4).Procedure in Rule 12 and preferential order of production and

consideration of evidence mandatory : Procedure given in Rule 12 of
2007 Rules and the preferential order of production and consideration of
evidence given their under is mandatory. See : Ashwani Kumar Saxena
Vs. State of M.P., 2012 (79) ACC 748 (S.C.)
9(E). Procedure in inquiries, appeals and revision proceedings (Sec. 54) : (1)
Save as otherwise expressly provided by this Act, a competent authority
while holding any inquiry under any of the provisions of this Act, shall
follow such procedure as may be prescribed and subject thereto, shall
follow, as far as may be, the procedure laid down in the Code of Criminal
Procedure, 1973 (2 of 1974) for trials in summons cases.
(2) Save as otherwise expressly provided by or under this Act, the procedure to
be followed in hearing appeals or revision proceedings under this Act shall
be, as far as practicable, in accordance with the provisions of the Code of
Criminal Procedure, 1973 (2 of 1974).
Rule 13(e)- Even in cases of inquiry pertaining to serious offences the
Board shall follow the procedure of trial in summons cases.

9(F). Physical appearance of accused can also be made basis for prima facie
holding of juvenility : It must be appreciated by ever Magistrate that when
an accused is produced before him, it is possible that the prosecution or the
investigating officer may be under a mistaken impression that the accused
is an adult. If the Magistrate has any iota of doubt about the juvenility of
an accused produced before him, Rule 12 provides that a Magistrate may
arrive at a prima facie conclusion on the juvenility, on the basis of his
physical appearance. In our opinion, in such a case, this prima facie
opinion should be recorded by the Magistrate. Thereafter, if custodial
remand is necessary, the accused may be sent to jail or a juvenile may be
sent to an Observation Home, as the case may be, and the Magistrate
should simultaneously order an inquiry, if necessary, for determining the
age of the accused. Apart from anything else, it must be appreciated that
such an inquiry at the earliest possible time, would be in the best interests
of the juvenile, since he would be kept away from adult under-trial
prisoners and would not be subjected to a regimen in jail, which may not be
 22

conducive to his well being. As mentioned above, it would also be in the

interests of better administration of criminal justice. It is, therefore,
enjoined upon every Magistrate to take appropriate steps to ascertain the
juvenility or otherwise of an accused person brought before him or her at
the earliest possible point of time, preferably on first production. See :
Jitendra Singh @ Babboo Singh & Another Vs. State of UP, 2013 (83) ACC
651 (SC)
9(FF).Physical appearance & determination of age : Where the age of an
accused recorded by the trial court on the basis of evidence produced and
also on his physical appearance was set aside by the High Court in exercise
of its revisional power u/s 52 of the 2000 Act r/w Sec. 49, 4 & 7-A of that
Act, it has been held by the Supreme Court that the revisional court (High
Court) could not have reversed the findings of the trial court in exercise of
its revisional powers. See : Jabar Singh Vs. Dinesh, (2010) 3 SCC 757.
9(G). No joint trial of juvenile with non-juvenile accused : According to Sec.
18 of the Juvenile Justice (Care & Protection of Children) Act, 2000, a
juvenile cannot be charged with or tried for any offence together with a
person who is not a juvenile. Sec. 223 CrPC has no application in relation
to a juvenile. If a juvenile has been charged and tried together with non-
juvenile, the JJ Board, on taking cognizance of the offence, must direct
separate trials of the juvenile from the non-juveniles.
9(GG).Trial of Juvenile for certain offences committed during period of
juvenility and for certain offences when he had become adult : Accused
was tried jointly for four offences out of six which were committed by him
after attaining majority and they were very serious in nature and not part of
same transaction i.e. not related to offences committed by him when he was
juvenile and those offences were also not so intricately intertwined that
they could not be separated from one another. It has been held by the
Hon'ble Supreme Court that valid part of GCM (General Court Marshall
under Army Act) proceedings is required to be saved by applying principle
of severability of offences and in valid part of order could not render the
entire GCM proceedings invalid. Besides, the accuse was required to raise
objection in respect of jurisdiction at an early stage of proceedings in terms
of rule 51 of Army Rule, 1954. See : Union of India Vs. Ajeet Singh, (2013)
4 SCC 186.
 23

9(H). Framing of joint charge against juvenile and non juvenile illegal :
According to the provisions u/s 18 of the Juvenile Justice (Care &
Protection of children) Act, 2000, no joint charge against juvenile and non
juvenile can be framed and they can not be tried jointly u/s 223 of the CrPc.
See... 2011 (2) ALJ (NOC) 155 (All).

9(I).Once declared juvenile, trial of juvenile only by JJ Board : Where after

being declared juvenile, the application of the juvenile for sending his case
for trial to Juvenile Justice Board was rejected by the ASJ, it has been held
that it was the statutory duty of the ASJ to send the case of the juvenile for
trial to the JJ Board and order rejecting his application for the same was
held improper and was quashed. See : Indra Pal v. State of U.P, 2011 (2) ALJ
707 (All—LB).

9(J). Use of previous orders of courts in determination of age of Juvenile : In

determining the juvenility of a person on the date of commission of offence
the earlier orders passed by the court regarding the age of the juvenile are
also relevant. See---Jyoti Prakash Rai vs. State of Bihar, 2008 (61) ACC
330 (SC)

9(K).Value of text books on medical jurisprudence & toxicology for

determination of age : The statement of the doctor is no more than an
opinion. The court has to base its conclusions upon all the facts and
circumstances disclosed on examining of the physical features of the person
whose age is in question, in conjunction with such oral testimony as may be
available. An X-ray ossification test may provide a surer basis for
determining the age of an individual than the opinion of a medical expert
but it can be no means be so infallible and accurate a test as to indicate the
exact date of birth of the person concerned. Too much of reliance cannot be
placed upon text books, on medical jurisprudence and toxicology while
determining the age of an accused. In this vast country with varied latitude,
heights, environment, vegetation and nutrition, the height and weight
cannot be expected to be uniform. See---Ram Deo Chauhan vs. State of
Assam, AIR 2001 SC 2231 (Three-Judge Bench)

10(A).Stage of raising plea of juvenility : According to the proviso to Sec. 7-A

of the Act, the plea of juvenility can be raised by the accused (juvenile in
 24

conflict with law) before any court at any stage and even after the final
disposal of the case. The above noted proviso reads as under---
“Provided that a claim of juvenility may be raised before any Court
and it shall be recognized at any stage, even after final disposal of the case,
and such claim shall be determined in terms of the provisions contained in
this Act and the rules made thereunder, even if the juvenile has ceased to be
so on or before the date of commencement of this Act.”
In the cases noted below it has been held that the plea of juvenility
can be raised by the accused at any stage and before any court including the
appellate and revisional courts----
(i) Smt. Lali vs. State of U.P., 2008(61) ACC 943 (All)
(ii) Ram Babu vs. State of U.P., 2006 (56) ACC 579 (All)
(iii) Bhola Bhagat & others vs. State of Bihar, AIR 1998 SC 236
Note : But the Supreme Court (in the case noted below) has held that if the plea of
juvenility was not raised before the trial court or High Court, the same cannot be
allowed to be raised in the Supreme Court for the first time as the age being question of
fact, requires taking of evidence. See--- Murari Thakur vs. State of Bihar, AIR
2007 SC 1129.

10(B).Plea of Juvenility can be raised in appeal or revision too : Benefit of JJ

Act, 2000 can be claimed not only during trial but even in subsequent
proceedings by way of revision or appeal. Court can consider and
determine the juvenility of a person even after his conviction. See : Amit
Singh Vs. State of Maharashtra and another, 2011(74) ACC 887 (SC)
10(C).Accused can raise the plea of juvenility for the first time even before
the Supreme Court : Accused had filed criminal appeal before the High
Court against his conviction and sentence for the offence u/s 302/34 IPC.
He had not taken the plea of juvenility either before the trial court or before
the High Court and took this plea for the first time before the Supreme
Court. The Supreme Court held that in view of the provisions of Section
2(k) of the Juvenile Justice (Care and Protection) of Children Act, 2000
(since repealed), the convict had right to raise the plea of juvenility for the
first time before the Supreme Court even when he had not raised that plea
before the trial court or the High Court. See:
(i) Ashok Kumar Mehra Vs. State of Punjab, AIR 2019 SC 1903.
(ii) Raju Vs. State of Haryana, AIR 2019 SC 1136 (Three, Judge Bench)
 25

10(D).Continuing offence disentitles to claim of juvenility : Where on the date

of last call for ransom u/s 364-A IPC, the accused had become above 18
years, it has been held that the JJ Act no longer applies to him even if he
was juvenile on the date of commencement of the offense. See...Vikas
Chaudhary Vs. State of NCT of Delhi,(2010) 8 SCC 508

11. Procedure to be followed by a Magistrate not empowered under the

Act : “Sec. 7--- (1) When any Magistrate not empowered to exercise the
powers of a Board under this Act is of the opinion that a person brought
before him under any of the provisions of this Act (other than for the
purpose of giving evidence), is a juvenile or the child, he shall without any
delay record such opinion and forward the juvenile or the child and the
record of the proceeding to the competent authority having jurisdiction over
the proceedings.
(2) The competent authority to which the proceeding is forwarded under sub-
section (1) shall hold the inquiry as if the juvenile or the child had
originally been brought before it.”
Rule 77(2)- In case of a juvenile is produced before a Magistrate not
empowered under this Act, such Magistrate shall direct the case to be
transferred to the Board for inquiry and disposal.

12. When conflicting opinions amongst the members of the JJ Board ---
effect ?: Sec. 5(4) of the Act provides that in the event of any difference of
opinion among the members of the Board in the interim or final disposition,
the opinion of the majority shall prevail, but where there is no such
majority, the opinion of the Principal Magistrate shall prevail.

13. Child or infant in mother’s care in jail— Law & C.L. thereon : Directions
issued by the Supreme Court in R.D. Upadhyay vs. State of A.P. &
others, AIR 2006 SC 1946, circulated by Allahabad High Court amongst
the Judicial Officers of the State of U.P. vide C.L. No. 34/2006 dated
7.8.2006 mandates that female prisoners shall be allowed to keep their
children with them in jail till they attain the age of six years.
14. Sections & Rules providing procedure for determination of age of
Juvenile : The relevant provisions contained in the 2000 Act and 2007
Rules regarding determination of age of a juvenile are as under:
(i) Sec. 7-A, 54, 68 of JJ Act, 2000
 26

(ii) Rules 12(3)(a) & 12(3)(b) of JJ Rules, 2007

15(A).School Leaving Certificate & its evidentiary value : Where school

leaving certificate was produced but nothing was shown as to whether any
register was required to be maintained under any statute, any register was
maintained was also not shown, original register was not produced, none
was examined to prosecute entries made in the register, school leaving
certificate was not issued by a person who was in school at the time when
the accused was admitted therein, then interpreting the provisions of Sec.
35, Evidence Act, the Supreme Court held that such school leaving
certificate cannot be relied upon to ascertain the age of a juvenile. The age
of a person requires to be determined in a manner laid down under a statute
and different standard of proof should not be adopted. See :
1. Ravinder Singh Gorkhi vs. State of U.P., 2006 (55) ACC 814 (SC)
2. State of Chhattisgarh vs. Lekhram, (2006) SCC (Criminal) 66—Regarding
age of Prosecutrix

15(AA).Duty of IO & CMO in determination of age of prosecutrix/victim of

sexual offences : In the case noted below the accused was arrested in
pursuance of FIR lodged by the father of the prosecutrix u/s 363, 366, 376,
504, 506 IPC and u/s 3/4 of the Protection of Children from Sexual
Offences Act, 2012. The girl aged 16 years was enticed by the accused.
The Radiologist had opined about the age of the prosecutrix between 16 to
19 years. Father of the prosecutrix stated her daughter's says to be 15 years
and the prosecutrix had stated her age u/s 164 CrPC to be 16 years. It was
duty of the IO to produce the prosecutrix before CMO for final
determination of her age after she was examined by the Radiologist and the
Medical Officer. Without considering the seriousness of the matter and
without final determination of age of the prosecutrix, the IO had submitted
charge-sheet which amounts to dereliction of duty by him. Warnings and
directions were issued to the IO by the Hon'ble Allahabad High Court and
copy of the said order was also sent to the Principal Secretary (Health),
Govt. of UP for proper action the IO. See : Panch Lal Adivasi Vs. State of
UP, 2014 (84) ACC 22 (All).
15(B).School Leaving Certificate & its evidentiary value : Where the accused
had for the first time claimed to be juvenile in his confession made u/s 313
CrPc. & had produced school leaving certificate without producing the
 27

primary evidence of birth certificate, it has been held that the same was not
satisfactory & adequate to arouse judicial conscience regarding juvenility
that too when the school leaving certificate was procured after conviction.
See : Pawan Vs. State of Uttaranchal, (2009) 15 SCC 259(Three-Judge
Bench)

15(C).School Leaving Certificate & Mark sheet & DOB recorded therein :
Where the date of birth of the accused both in school leaving certificate and
mark-sheet was recorded as 18.06.1989 and the occurrence had taken place
on 04.06.2007 and relying upon those documents the JJ Board had declared
the accused a juvenile on the date of the occurrence but the ASJ and the
High Court had erred in reversing the decision of the JJ Board, the Supreme
Court while setting aside the orders of the ASJ and the High Court has held
that entry relating to the date of birth entered in the school mark-sheet is
valid evidence in proof of age of an accused and so is the school leaving
certificate. The order passed by the JJ Board was restored. See : Shah
Nawaj Vs. State of UP & another, 2011(74) ACC 871(SC).

15(D) School Leaving Certificate when public document u/s 74 of Evidence

Act ? : Where the school leaving certificate was issued by the head master
of the Government primary school, it has been held that such school
leaving certificate falls within the ambit of public document defined u/s. 74
of the Evidence Act and it is admissible in evidence per se without formal
proof. See---Shyam Lal vs. Sanjeev Kumar, AIR 2009 SC 3115

15(E). School Leaving Certificate & School Register & their Probative Value
? : A document may be admissible but as to whether the entry contained
therein has any probative value may still be required to be examined in the
facts and circumstances of a particular case. The authenticities of the
entries in the official records by an official or by a person authorized in the
performance of official duties would depend on whose information such
entries stood recorded and what was his source of information. The entry in
school register/ School leaving certificate requires to be proved in
accordance with law and the standard of proof required in such cases
remained the same as in any other civil or criminal cases. See : Madan
Mohan Singh Vs. Rajnikant, AIR 2010 SC 2933
 28

15(EE). Authenticity of entries of public document like school register or

T.C. may be tested by court: So far as the entries made in the official record by
an official or person authorized in performance of official duties are concerned, they
may be admissible u/s 35 of the Evidence Act but the court has a right to examine their
probative value. The authenticity of the entries would depend on whose information
such entries stood recorded and what was his source of information. The entries in
school register or school leaving certificate require to be proved in accordance with law
and the standard of proof required in such cases remained the same as in any other civil
or criminal case. See:
(i). C. Doddanarayana Reddy Vs. C. Jayarama Reddy, (2020) 4 SCC 659 (Para 18)
(ii). Madan Mohan Singh Vs. Rajni Kant, (2010) 9 SCC 209 (Para 20)
(iii). Updesh Kumar Vs. Prithvi Singh,(2001) 2 SCC 524
(iv).State of Punjab Vs. Mohinder Singh, (2005) 3 SCC 702.

15(F).Same standard of evaluation of entries u/s. 35 Evidence Act to be

applied both in civil and criminal cases : In determining the age of a
person contained in school admission register, same standard u/s. 35 of the
Evidence Act regarding the assessment of evidence has to be applied for
both in civil and criminal proceedings. See—
(i) Ram Suresh Singh vs. Prabhat Singh, AIR 2009 SC 2805
(ii). Ravinder Singh Gorkhi vs. State of U.P., (2006) 5 SCC 584
16(A).School Certificate vis-a-vis records of Municipal Corporation,
Goverment Hospital & Nursing Homes etc. : For determining the age of
a person, the best evidence is of his/her parents if it is supported by
unimpeccable documents. In case the date of birth depicted in the school
register/certificate stands belied by the unimpeccable evidence of reliable
persons and contemporaneous documents like the date of birth register of
the municipal corporation, government hospital, nursing home etc. the
entry in the school register is to be discarded. See... Madan Mohan Singh
Vs. Rajnikant, AIR 2010 SC 2933.

16(AA).Certificates issued by the school first attended should be accepted : In

case where genuineness of the school leaving certificate has not been
questioned and the law gives prime importance to the date of birth
certificate issued by the school first attended, there is no question of
 29

placing reliance on the contrary certificate issued by the village Chaukidar

and placing reliance on statement of the mother of the claimant to decline
claim of juvenility. See : Jodhbir Singh Vs. State of Punjab, AIR 2013
SC 1 (it was a case on Punjab JJ Rules, 2000)
16(B).Date of birth recorded in School register or school certificate valueless
unless the parents or persons having special knowledge of the DOB is
examined : The DOB mentioned in a school register or a school certificate
has no probative value unless either the parents are examined or the persons
who have special knowledge of the DOB of the person and on whose
information the entry has been made have been examined. DOB recorded
in school certificate may be admissible in evidence u/s 35 of the Evidence
Act,but it’s probative value still requires to be examined. See---
(i) Satpal Singh Vs. State of Haryana, (2010) 8 SCC 714 (case of rape
& determination of age of prosecutrix)
(ii). Birad Mal Singhvi Vs. Anand Purohit, AIR 1988 SC 1796.
16(C).When conflict in between School Certificate, parents evidence and
doctor’s certificate : Where School Certificates produced by accused were
found not reliable, evidence of mother of accused was found not acceptable
being based on estimation but the finding by the High Court was that the
accused was below 18 years of age merely on the basis of Doctor’s
Certificate which did not even indicate the basis for determination of age ,
explaining Sec 2(k)68 of the JJ Act, 2000 & Rule 22(5) of the U.P JJ
Rules,2004, it has been held by the Supreme Court that the finding of the
High Court was not proper. See... Pappu v. Sonu, 2009(5) ALJ 276(SC).

17(A).Mark Sheet and DOB recorded therein : In determining the age of an

accused person under the JJ Act, 2000, mark sheet is one of the proof and it
can be admitted as evidence. See…Raju & another Vs. State of Haryana,
2010(70) ACC 380(SC)=(2010) 3 SCC 235

17(B).When DOB in School Mark Sheet & parents evidence contrary: Where
in determining the age of Juvenile, Sessions Judge relied on medical
opinion and disbelieved high school mark sheet on the basis of oral
evidence of mother who was illiterate lady and had no orientation of time,
it has been held that the statement of the mother can not be relied upon to
discredit the school mark sheet. See…Ram Sajiwan vs. state Of U.P.,
2011 CrLJ 1121 (All)
 30

17(C).School Leaving Certificate & Mark sheet & DOB recorded therein :
Where the date of birth of the accused both in school leaving certificate and
mark-sheet was recorded as 18.06.1989 and the occurrence had taken place
on 04.06.2007 and relying upon those documents the JJ Board had declared
the accused a juvenile on the date of the occurrence but the ASJ and the
High Court had erred in reversing the decision of the JJ Board, the Supreme
Court while setting aside the orders of the ASJ and the High Court has held
that entry relating to the date of birth entered in the school mark-sheet is
valid evidence in proof of age of an accused and so is the school leaving
certificate. The order passed by the JJ Board was restored. See : Shah
Nawaj Vs. State of UP & another, 2011(74) ACC 871(SC).

17(D).DOB recorded in Mark-sheet not relevant : In Sub-clause (i) in clause

(a) of sub-rule (3) of Rule 12 of the Rules, the words used are matriculation
or equivalent certificate, if available. If in an enactment, the word
certificate has been used, it should be taken as such and it cannot be
substituted by the word mark-sheet. Had it been the intention of the
Legislature that the documents certificate and the marks-sheet are
equivalent to each other for this purpose the work ‘mark-sheet’ would have
been also included there alongwith the words matriculation certificate. A
mark-sheet is basically a statement of marks obtained by the student. If in a
mark-sheet, the date of birth has been mentioned, that date cannot be
treated as certified. In a certificate the date of birth of the student is
properly certified by the authority duly recognized by law and rules who is
competent to certify the date of birth. It is not proper to deviate from the
regular and ordinary meaning of the word as used by the Legislature
especially when there is no scope for more than one interpretation. In Rule
12 of the Rules, the word ‘certificate’ has been used and not ‘mark-sheet’.
Therefore, the word ‘mark-sheet’ cannot be substituted for ‘certificate’. See
: Shah Nawaz Vs. State of UP, 2011(1) JIC 2 (All)

17(E). Entries of Admission Register of School not a public document : Age

recorded in school admission register cannot be treated as a public
document and it must be proved in accordance with the law. Entry of date
of birth made in School Admission Register should be considered from the
perspective that often persons give false age of the child at the time of
 31

admission so that he may have an advantage later in his life. When no

reliable material is produced on record to show that date of birth was
recorded in School Register on the basis of statement of any responsible
person and the Admission Register and T.C. fails to satisfy the requirement
of Sec. 35, Evidence Act and the same are also found “forged and
fabricated”, then held that no reliance can be placed upon such entries
contained in Admission Register of the school. See----
1. Ram Suresh Singh vs. Prabhat Singh, AIR 2009 SC 2805
2. Sushil Kumar vs. Rakesh Kumar, (2003) 8 SCC 673
3. Punit Rai vs. Dinesh Chowdhary, (2003) 8 SCC 204
4. Rakesh Kumar vs. State of U.P. & others, 2000 (4) AWC 2722 (Allahabad—D.B.)

17(F). DOB in School Register & Parents evidence as to age of their child :
For determining the age of a person, the best evidence is of his/her parents
if it is supported by unimpeccable documents. In case the date of birth
depicted in the school register/certificate stands belied by the unimpeccable
evidence of reliable persons and contemporaneous documents like the date
of birth register of the municipal corporation, government hospital, nursing
home etc. the entry in the school register is to be discarded. See : Madan
Mohan Singh Vs. Rajnikant, AIR 2010 SC 2933.
18(A).Entries in school records/Transfer Certificate whether public
document ? : considering the provisions of Sec.35 of the Evidence Act in
relation to determining the age of juvenile, it has been held by the Supreme
Court that if the conditions laid down in Sec.35 are not satisfied and if the
entry in the school records like Transfer Certificate, Admission Form was
not made in any public or official register and was not made either by a
public servant in the discharge of his official duty or by any person in
performance of a duty specially enjoined by the law of the country, the
entry would not be relevant u/s 35 of the Evidence Act for the purpose of
determining the age of juvenile. See : Jabar Singh Vs. Dinesh, (2010) 2
SCC (Criminal) 484.

18(B). Entry in TC not to be relied on unless the headmaster or

person concerned is examined : In the matter of determination of age
of the prosecutrix in a criminal trial u/s 376 IPC, it has been held that
transfer certificate duly signed by the school headmaster is admissible in
evidence u/s 35 of the Evidence Act. But the certificate would be of not
 32

much evidentiary value to prove the age of girl in the absence of materials
on the basis of which age was recorded and unless the person who had
made the entry or who gave the date of birth is examined. If the headmaster
who had made the entry is not examined, the entry in Transfer Certificate
cannot be relied upon to definitely fix age of the girl. See : Alamelu vs
State, AIR 2011 SC 715

19(A). Parents evidence regarding age : In the matter of conviction of an

accused for offences u/s. 366, 376 IPC, the evidence of parents of the
prosecutrix (their daughter) to the effect that she was below 16 years of
age, it has been held by the Supreme Court that the parents of the victim of
rape are most natural and reliable witnesses with regard to her age. See :
Fateh Chand vs. State of Haryana, 2009 (66) ACC 923 (SC)

19(B.1). Parents evidence & ossification test report & school records : Where
in a rape case the statement of parents of prosecutrix was that she was
below 16 years of age and this statement of parents was corroborated by
two impeachable documents viz. birth register of municipal corporation and
register of hospital where the prosecutrix was borne but the date of birth
recorded in school certificate showing the prosecutrix above 16 years of
age is belied by evidence of parents and the said unimpeachable school
documents, it was held that consent of prosecutrix was immaterial. Medical
experts opinion u/s. 45 Evidence Act based on the basis of ossification test
was only of an advisory character and not binding on witness of fact i.e.
parents. See---Vishnu vs. State of Maharashtra, AIR 2006 SC 508.
19(B.2).Ossification test and radiological examination report &
determination of age of juvenile : Though doctor's examination of age is
only an opinion but where such opinion is based on scientific medical tests
like ossification test and radiological examination, it will be treated as
strong evidence having corroborative value while determining age of
alleged juvenile accused. See : Om Prakash Vs. State of Rajasthan &
another, (2012) 5 SCC 201
19(B.3).Conflict between radiological opinion & school certificate : Age
determination--Conflict between radiological opinion and school
certificate--Age of girl estimated by doctor to be about 19 years while High
School Certificate mentioning her birth date as 25.05.1996. Margin of
 33

flexibility or margin o error cannot be lowered any further below 18 years--

Where doctor observed that girl is above 18 years of age, it obviously
means that girl is not less than 18 years of age--Such an obs Juvenile
Justice-- Age determination--conflict between radiological opinion and
school certificate --age of girl estimated by doctor to be about 19 years
while High School certificate mentioning her birth date as 25.05.1996--
Margin of flexibility or margin of error cannot be lowered any further
below 18 years--Where doctor observed that girl is above 18 years of age,
it obviously means that girl is not less than 18 years of age--Such an
observation indicates lower most outer limit of flexibility bracket--Such
kind of observation is made by doctors on basis of fusion of certain bones
of body which cannot be completed before a person attains a particular age-
-Individual age variations of particular fusion are not and cannot be
stretched beyond certain limits--categorical opinion of doctor regarding age
of girl completely and belies contradictory age shown in High School
certificate--In view of statement of girl given before J.M. refuting all
allegation of coercion exercised by petitioner No. 1--Showing her complete
willingness and approval to her marital status with him--Giving due weight
to irreconcilable conflict of age continuation of girl's detention in Nari
Niketan not justified--Court directed to set at liberty with immediate effect-
-Impugned orders of lower Court quashed--Revision allowed. See : Vivek
Chandra Bhaskar Vs. State of UP, 2013 (82) ACC 707(All)

19(C). Affidavit of parents regarding date of birth or age of Juvenile :

According to Sec. 7-A & 49 of the Juvenile Justice (Care & Protection of
Children) Act, 2000, the affidavit of a juvenile cannot be taken into account
for the determination of his age or juvenility on the date of commission of
the offence. Case on the subject is--Rakesh Kumar Verma vs. State of
U.P. & others, 2000 (4) AWC 2722 (Allahabad)(D.B.)

19(D).Affidavit of Juvenile about his age & its evidentiary value ? :

According to Sec. 7-A & 49 of the Juvenile Justice (Care & Protection of
Children) Act, 2000, the affidavit of a juvenile cannot be taken into account
for the determination of his age or juvenility on the date of commission of
the offence. Case on the subject is--Rakesh Kumar Verma vs. State of
U.P. & others, 2000 (4) AWC 2722 (Allahabad—D.B.)
 34

20(A). Report from medical board under rule 12 when to be sought ? : Rule
12 of 2007 rules describes four categories of evidence which have been
provided in which reference has been given to school certificate over
medical report. Medical opinion from medical board should be sought only
when matriculation certificate or school certificate or any birth certificate
issued by a corporation or by any panchayat or municipality is not
available. Determination of age of juvenile only on the basis of medical
opinion of medical board ignoring date of birth mentioned in mark-sheet
and school certificate is not proper. Reliance for determination of age
should first be on documents stipulated under Rule 12(3)(a) of 2007 Rules
and only in absence of such documents, medical opinion under rule
12(3)(b) of the 2007 Rules should be sought. See :
(i) State of M.P. Vs. Anoop Singh, (2015) 7 SCC 773
(ii) Shah Nawaz Vs. State of UP and another, AIR 2011 SC 3107.

20(B-1). Report from medical board under rule 12 when to be sought ? :

According to Rule 12(3)(b), the medical opinion from a duly constituted
Medical Board will be obtained only when the proof mentioned under sub-
clause (i), (ii) or (iii) of clause (a) to sub-rule (3) of Rule 12 is not
available. Rule 12(3)(a) is as quoted below :
(a) (i)the matriculation or equivalent certificates, if available; and in the
absence whereof;
(ii) the date of birth certificate from the school (other than a play school) first
attended; and in the absence whereof;
(iii) the birth certificate given by a corporation or a municipal authority or
panchayat;
According to Rule 12(3)(b), if the exact assessment of the age cannot
be done, the Court or the Board or, as the case may be, the Committee, for
the reasons to be recorded by them, may, if considered necessary, give
benefit to the child or juvenile by considering his/her age on lower side
within the margin of one year and while passing orders in such case shall,
after taking into consideration such evidence as may be available, or the
medical opinion, as the case may be, record a finding in respect of his age
and either of the evidence specified in any of the clauses (a)(i), (ii), (iii) or
in the absence whereof, clause (b) shall be the conclusive proof of the age
as regards such child or the juvenile in conflict with law.
 35

In the cases noted below it has been held that while dealing with the
question of determination of age of the accused for the purposes of finding
out whether he is a juvenile or not, a hyper-technical approach should not
be adopted while appreciating the evidence adduced on behalf of the
accused in support of the plea that he was a juvenile and if two views may
be possible on the said evidence, the court should lean in favour of holding
the accused to be a juvenile in border line cases. See :
1. Ram Janam vs. State of U.P., 2003 (46) ACC 1150 (Allahabad)
2. Rajinder Chandra vs. State of Chhattisgarh, 2002(1) JIC 609 (SC).
20(B-2).School certificate to exclude medical evidence in determining age of
juvenile : If school certificate is there, the same shall exclude medical
evidence in determining age of juvenile. See : Smt. Parwana Bano Vs.
State of UP, 2015 (88) ACC 489 (All)(LB).

20(C).Medical Board's opinion Vs. school certificate etc.? Rule 12 of 2007

rules describes four categories of evidence which have been provided in
which reference has been given to school certificate over medical report.
Medical opinion from medical board should be sought only when
matriculation certificate or school certificate or any birth certificate issued
by a corporation or by any panchayat or municipality is not available.
Determination of age of juvenile only on the basis of medical opinion of
medical board ignoring date of birth mentioned in marksheet and school
certificate is not proper. See : Shah Nawaz Vs. State of UP and another,
AIR 2011 SC 3107.
20(CC).Medical Evidence Vs. School Records : Where school record is
ambiguous and does not conclusively prove minority of accused, medical
opinion assumes importance. Opinion of medical experts based on x-ray
and ossification test would be given precedence over shaky evidence based
on school records and plea of circumstantial interference based on
concocted story set up by the father of the accused. Where the accused had
committed heinous crime of raping a tender age girl of 13 year 6 months
and method and manner of commission of offence indicated evil and
matured skill of the accused, in the absence of reliable documentary
evidence in support of age of accused, medical evidence which indicated
that accused was major would be given primacy. It is duty of courts to
scrutinize plea juvenility with extreme caution in cases involving heinous
 36

crimes to ensure that plea of minority is not employed to escape

punishment. See : Om Prakash Vs. State of Rajasthan & another,
(2012) 5 SCC 201

20(D).Medical Board Report versus School Certificate : In case of conflict of

date of birth recorded in the certificate of the school first attended and the
opinion of the medical board, the date of birth recorded in the certificate
from school first attended should be given preference. In terms of the
provisions of Sec. 68 of the Juvenile Justice (Care & protection of
Children) Act, 2000, the Central Government has framed Juvenile Justice
(Care & Protection of Children) Rules, 2001. Rule 22 of the said Rules
provides for the procedure to be followed in respect of determination of the
age of a person. It indicates that the opinion of the Medical Board is to be
preferred only when a date of birth certificate from the school first attended
is not available. See---Ram Suresh Singh vs. Prabhat Singh, AIR 2009
SC 2805

20(E).Radiological examination for purpose of age & possibility of two years

error : It is notorious and one can take judicial notice that the margin of
error in ascertaining the age of a person by radiological examination is two
years on either side. See :
1. Ram Suresh Singh vs. Prabhat Singh, AIR 2009 SC 2805
2. Jaya Mala vs. Home Secretary, Government of J & K, AIR 1982 SC
1297.

20(F).Rule adding two years to the age determined by doctor not absolute :
where the doctor on the basis of X-ray and physical examination of the
prosecutrix of offense u/s 376 IPC had opined that prosecutrix was 17 years
of age,reversing the order of the Hon’ble Allahabad High Court holding her
to be 19 years of age , it has been held by the Supreme Court that there is
no such rule much less absolute one that two years have to be added to the
age determined by doctor. See... State of U.P v. Chhotey Lal, AIR 2011
SC 697 (Regarding age of prosecutrix u/s 376 IPC).

21(A).Horoscope a very weak piece of material to prove age of a person : A

horoscope is very weak piece of material to prove the age of a person. The
entry of Admission Register of a school as to age is more authentic
evidence u/s. 32(5), Evidence Act unless shown to be inherently
 37

improbable. See : State of Punjab vs. Mohinder Singh, AIR 2005 SC

1868.

21(B).Horoscope must be proved by its maker : Where the maker of the

horoscope being dead could not be examined to prove as to what was the
primary evidence of the date and time of birth, paper on which the
horoscope was drawn up was not an old one, horoscope was prepared at the
instance of another person and written by his brother, a bystander having
nothing to do either with the preparation of the horoscope or with the
writing thereof had given evidence regarding the horoscope, the Supreme
Court held that the horoscope in question was not trustworthy as an
evidence and could not have been looked into for any purpose whatsoever.
See : Sushil Kumar vs. Rakesh Kumar, (2003) 8 SCC 673

22. Entries of Electoral Roll & their evidentiary value ? : Entry of age of a
person recorded in electoral roll is recorded as per the statement made by
the person concerned. But it is for the court to consider the said material on
record in it’s proper perspective. Such entries have been held by the
Supreme Court as not conclusive. See : Sushil Kumar vs. Rakesh Kumar,
(2003) 8 SCC 673

23(A). Entries of Family Register & their evidentiary value ? : Extracts of

family register do not indicate correct date of birth. The entries made in
family register regarding the age of a person are not conclusive proof of the
correctness of the date of birth. Entries in Kutumb Register cannot be relied
upon for determination of age of a person without holding enquiry. See :
(i) Bahadur vs. State of U.P., 2009 (67) ACC 427 (All)
(ii) Onkar Tiwari alias Kariya vs. State of U.P., 2001 All Dand Nirnya 52 (Allahabad)
(iii) Hare Ram Chowdhary vs. State of U.P., 1990 (27) ACC 99 (Allahabad)

23(B). Entries of Family Register & their evidentiary value ? : In the cases of
Budh Ram Vs. State of U.P., 1993 (30) ACC 636 (All) & Harpal Singh
and another Vs. State of H.P., AIR 1981 SC 361, it has been held that the
entries made in the family register, if produced from proper custody, should
not be ignored lightly.
23(C).Voter List cannot be considered for determination of age of juvenile :
Voter list cannot be taken to be guide for determination of age of accused.
Voter list is not a document mentioned in Rule 12(3) of the JJ Rules, 2007.
See : Annu Vs. State of UP, 2013 (81) ACC 595 (All).
 38

24. Entries in register of births & deaths & their evidentiary value ? : As
per Sec. 35, Evidence Act, while ascertaining the age of an offender, the
entries contained in register of births & deaths recorded by an official in
performance of his duties cannot be doubted merely on the ground that the
same were not contemporaneous with the suggested date of birth of the
offender. More so, when LIC policy and matriculation certificate also
mentioned the same date of birth as mentioned in Register of births and
deaths. See : Santenu Mitra Vs. State of W.B., AIR 1999 SC 1587

25(A)."Day"….When commences and when ends ? : The day of birth

of a person must be counted as a whole day and any specified age in law is
to be computed as having been attained on the day preceding the
anniversary of the birth day. Legal day commences at 12 O’ Clock
midnight and continues until the same hour the following night. See-- Erati
Laxman vs. State of A.P., (2009) 2 SCC (Criminal) 15.
25(B).First day to be excluded in computing period of time for legal
purposes : The Section 9 of General Clause Act says that in any Central
Act or Regulation made after the commencement of the General Clauses
Act, 1897, it shall be sufficient for the purpose of excluding the first in a
series of days or any other period of time, to use the word 'from', and, for
the purpose of including the last in a series of days or any period of time, to
use the word 'to'. The principle is that when a period is delimited by statute
or rule, which has both a beginning and an end and the word 'from' is used
indicating the beginning, the opening day is to be excluded and if the last
day is to be excluded the word 'to' is to be used. In order to exclude the first
day of the period, the crucial thing to be noted is whether the period of
limitation delimited by a series of days or by any fixed period. This is
intended to obviate the difficulties or inconvenience that may be caused to
some parties. See :
(i) Tarun Prasad Chatterjee Vs. Dinanath Sharma, AIR 2001 SC 36 (Three-Judge
Bench).
(ii) Manmohan Anand Vs. State of UP, (2008) 3 ADJ 106 (All).

25(C).Fraction of a day or a Legal Day when complete? : The day of

birth of a person must be counted as a whole day and any specified age in
law is to be computed as having been attained on the day preceding the
 39

anniversary of the birth day. Legal day commences at 12 O’ Clock

midnight and continues until the same hour the following night. See : Erati
Laxman vs. State of A.P., (2009) 2 SCC (Criminal) 15

26(A).In border line cases as to age, benefit to be extended to

Juvenile : According to Rule 12(3)(b) of the Juvenile Justice (Care &
Protection of Children) Rules, 2007, if the exact assessment of the age of a
person cannot be done, the court or the Board or the Committee for the
reasons to be recorded may, if considered necessary, give benefit to the
child or juvenile by considering his/her age on lower side within the margin
of one year. In the cases noted below it has been held that in a doubtful case
of age, court should lean in favour of the juvenile and extend the benefit of
the Act by holding him juvenile :
(i) Ram Janam vs. State of U.P., 2003 (46) ACC 1150 (All)
(ii) Rajinder Chandra vs. State of Chhattisgarh and another, 2002
SCC (Criminal) 333.
(iii) Kali Prasad Patwa and another vs. State of U.P., 2002(1) UPCrR 401

26(B). In border line cases as to age, benefit to be extended to

Juvenile : In the cases noted below it has been held that while dealing
with the question of determination of age of the accused for the purposes of
finding out whether he is a juvenile or not, a hyper-technical approach
should not be adopted while appreciating the evidence adduced on behalf of
the accused in support of the plea that he was a juvenile and if two views
may be possible on the said evidence, the court should lean in favour of
holding the accused to be a juvenile in border line cases. See :
(i) Ram Janam vs. State of U.P., 2003 (46) ACC 1150 (Allahabad)
(ii) Rajinder Chandra vs. State of Chhattisgarh, 2002(1) JIC (SC)

27(A-1).Law of bail to a child in conflict with law overrides the provisions of

bail contained in the CrPC Sec. 12(1) of the JJ Act, 2015 : Sec. 12(1) of
the JJ Act, 2015 provides that when any person, who is apparently a child
and is alleged to have committed a bailable 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 or in any other law for the time being in force,
 40

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:
27(A-2).Bail to a child in conflict with law when to be denied ? Proviso to
Sec. 12(1) of the JJ Act, 2015 : According to the Proviso to sub-section (1)
of Sec. 12 of the JJ Act, 2015, bail to a person apparently a child alleged to
be in conflict with law can be denied on any or more of the following
grounds :
(i) if there appears reasonable ground for believing that the release is
likely to bring that person into association with any known criminal or
(ii) release on bail would expose the said person to moral, physical or
psychological danger or
(iii) release of the said person on bail would defeat the ends of justice.
The JJ Board shall record the reasons for denying the bail and
circumstances that led to such a decision.
27(A-3). JJ Board to modify the conditions of bail if the child in conflict with
law fails to comply with the conditions of bail within seven days :
Section 12(4) of the JJ Act, 2015 provides that when a child in conflict with
law is unable to fulfill the conditions of bail order within seven days of the
bail order, such child shall be produced before the Board for modification
of the conditions of bail.
27(A-4). Presumption of innocence : Section 3(i) of JJ Act, 2015 : Any child shall
be presumed to be an innocent of any mala fide or criminal intent up to
the age of eighteen years.

27(A-5).Plea of juvenility has to be decided first before disposal of bail

application : Where bail application by the accused was moved u/s 439
CrPC by claiming to be juvenile aged 17 years and the same was rejected
by the Sessions Judge nearly on the technical ground that the bail
application was moved u/s 439 CrPC (and not u/s 12 of the JJ Act, 2000),
the Hon'ble Allahabad High Court set aside the order passed by the
Sessions Judge by observing that the application for bail could not have
been rejected on the ground of mentioning of incorrect section. Such an
application and matter should have either been enquired by the court itself
under the provisions of the JJ Act, 2000 or should have been sent to the
Juvenile Justice Board. Since the matter relates to a person who claims
himself to be juvenile, therefore, his plea of juvenility has to be enquired
 41

into before disposing of his bail application. See : Mohan Nishad Vs.
State of UP, 2016 (93) ACC 25 (All).
27(A-6).Seriousness/gravity of offence not a ground to deny bail to a juvenile
u/s 12 of the JJ Act, 2000 : Seriousness/gravity of offence is not a ground
to deny bail to a juvenile u/s 12 of the JJ Act, 2000 unless conduct of the
juvenile is such to indicate that in all likelihood, after being released on
bail, juvenile bail indulge into more crimes. It no imminent chances of his
repeating crime, bail to juvenile should not be ordinarily refused. See :
Amit Yadav Vs. State of UP, 2016 (93) ACC 571 (All).
27(A-7).FIR or charge-sheet not to be filed by police against juveniles : In the
cases of juveniles in conflict with law, police is not required to file an FIR
or a charge-sheet. Only information of the offence is required to be
recorded in the general diary. FIR would be necessary only if juvenile has
committed serious offence like rape or murder or has committed the
offence with an adult. See : Dr. Subramanian Swamy Vs. Raju, 2014 (86)
ACC 637 (Three-Judge Bench).
27(A-8).FIR to be registered against juvenile by police only on commission of
serious offences like rape, murder or when the offence has been
committed by the juvenile with an adult : In the cases of juveniles in
conflict with law, police is not required to file an FIR or a charge-sheet.
Only information of the offence is required to be recorded in the general
diary. FIR would be necessary only if juvenile has committed serious
offence like rape or murder or has committed the offence with an adult.
See : Dr. Subramanian Swamy Vs. Raju, 2014 (86) ACC 637 (Three-
Judge Bench).
27(A-9).Apprehended juvenile to be produced before the JJ Board
immediately: Interpreting rules 11(11) and 11(a) of the JJ Rules, 2007, a
Three-Judge Bench of the Hon'ble Supreme Court has held that during
investigation of an offence allegedly committed by a juvenile, the
apprehended juvenile is required to be produced before the JJ Board
immediately and police must submit the report of the juvenile's social
background, circumstances of apprehension and the alleged offence. See :
Dr. Subramanian Swamy Vs. Raju, 2014 (86) ACC 637 (Three-Judge
Bench).
 42

27(A-10).In non-serious offences, police is only required to intimate the

parents/guardian of the juvenile : Interpreting rules 11(11) and 11(a) of
the JJ Rules, 2007, a Three-Judge Bench of the Hon'ble Supreme Court has
held that during investigation of an offence allegedly committed by a
juvenile, the apprehended juvenile is required to be produced before the JJ
Board immediately and police must submit the report of the juvenile's
social background, circumstances of apprehension and the alleged offence.
In cases of non serious nature of offences, police is only required to
intimate the parents/guardian of the juvenile that such report has been
submitted to the JJ Board. See : Dr. Subramanian Swamy Vs. Raju,
2014 (86) ACC 637 (Three-Judge Bench).

27(B-1).Bail to juvenile not to be refused on the ground of seriousness of

offence : Where the bail to a juvenile allegedly involved in committing an
offence u/s 376 of the IPC was rejected by the Sessions Judge, Rae Bareli
on the ground that the said offence was a heinous offence, relying upon it's
two earlier decisions reported in the cases of Amit Kumar Vs. State of UP,
2010 (71) ACC 209 (Alld) and Naurang (minor) Vs. State of UP, 2010 (71)
ACC 255 (Alld), it has been held by the Hon'ble Allahabad High Court that
bail to a juvenile alleged to be involved in an offence (under Section 376
IPC) cannot be rejected u/s 12 of the JJ Act, 2000 on the ground of
seriousness of the offence. Seriousness of offence is no ground to refuse
bail to a juvenile. See : Arvind Kumar Misra Vs. State of UP, 2012 (77)
ACC 64 (Allahabad)(LB).
27(B-2).Bail to juvenile not to be refused except under the exceptions u/s 12
of the JJ Act, 2000 : A juvenile accused of bailable or non-bailable
offence shall be released on bail except where his release would bring him
in association with known criminal or expose him to moral, physical or
psychological danger or his release would defeat the ends of justice. See :
Dr. Subramanian Swamy Vs. Raju, 2014 (86) ACC 637 (Three-Judge
Bench).
27(B-3).Juvenile not to be apprehended except for serious offences :
Interpreting rules 11(7), 11(1), 11(2) of the JJ Rules, 2007, it has been held
by a Three-Judge Bench of the Hon'ble Supreme Court that juvenile in
conflict with law need not be apprehended except in serious offences.
Juvenile so apprehended should be placed in charge of the Welfare Officer
 43

to be produced by him before the JJ Board within 24 hours. Juvenile in no

case should be sent to lock-up or jail. See : Dr. Subramanian Swamy Vs.
Raju, 2014 (86) ACC 637 (Three-Judge Bench).
27(B-4).Refusal of bail to juvenile held improper : Refusal of bail to juvenile on

the ground that if released on bail, juvenile might possibly come into
association with his family members who were co-accused in same
occurrence was improper as the report of the District Probation Officer
available on record does not show any abnormal behavior of juvenile and
also his physical & mental condition and social and economic status has
been shown as normal and the said report also mentions no criminal
background of juvenile. The Juvenile Magistrate without considering the
report of the District Probation Officer and without assigning any consent
reason has refused to grant bail to the juvenile and the appellate court
instead of applying its independent mind to the fact and circumstances of
the case had also wrongly concurred with the opinion of the Juvenile
Justice Board. The Hon'ble High Court set aside the two orders passed by
the lower court and granted bail to the juvenile. see : Vishal Vs. State of
UP, 2014 (4) ALJ 294 (All)
27(B-5).Juvenile involved in commission of offences u/s 376, 307 IPC entitled
to bail : Where juvenile accused charged with committing rape and attempt
to murder was denied bail on the ground that grant of bail would expose
juvenile to moral, physical or psychological danger but the social
investigation report indicated that juvenile had been obedient to his parents
and had positive and good terms with local residents and it could not be
concluded that his release on bail would bring him into association with
any known criminal or expose him to any moral, physical or psychological
danger, the High Court granted bail to the juvenile u/s 12 of the JJ Act,
2000. See : Rajesh Lakra Vs. the State of Chhattisgarh, 2015 CrLJ
(NOC) 76 (Chhattisgarh).
27(B-6). Rulings on Bail of Juvenile : For the law of bail of juveniles, as quoted
above, kindly see the rulings noted below :
1. Arvind Kumar Misra Vs. State of UP, 2012 (77) ACC 64 (Allahabad--LB)
2. Amit Kumar Vs. State of UP, 2010 (71) ACC 209 (Alld)
3. Naurang (minor) Vs. State of UP, 2010 (71) ACC 255 (Alld).
4. Pintu Gupta vs. State of U.P., 2009 (67) ACC 460 (All)
 44

5. Jaswant Kumar Saroj vs. State of U.P., 2008 (63) ACC 190 (All)
6. Sanjay Chaurasia vs. State of U.P., 2006 (55) ACC 480
7. Anil Kumar vs. State of U.P., 2006 (6) ALJ 205 (Allahabad)
8. Ankita Upadhyay vs. State of U.P., 2006 (55) ACC 759 (Allahabad)
9. Pratap Singh vs. State of Jharkhand, AIR 2005 SC 2731
10. Pankaj vs. State of U.P., 2003 (46) ACC 929 (Allahabad)
27(B-7).Bail to Juvenile u/s 12 of the JJ Act, 2000 not to be granted in
heinous offences : JJ Board, Meerut had rejected the bail application of a
juvenile involved in offences u/s 302, 376 of the IPC. Sri S.V. Singh
Rathore, Sessions Judge, Meerut had also dismissed the criminal appeal of
the juvenile filed against the said order of the JJ Board u/s 52 of the JJ Act,
2000. Giving approval to the order of the Sessions Judge, Meerut, a Single
Hon'ble Judge of the Allahabad High Court, quoting paras 3, 22 & 23 of the
decision of the Hon'ble Supreme Court rendered in the case of Om Prakash
Vs. State of Rajasthan, (2012) 5 SCC 201, dismissed the criminal revision filed

u/s 53 of the JJ Act, 2000 against the order of the Sessions Judge, Meerut
and ruled thus : "While considering the prayer for bail under Section 12 of
the Act, the Judge has to ensure that the order proposed to be passed does
not violate any of the conditions contemplated by Section 12 of the Act. It
cannot be interpreted to work only for the benefit of juvenile ignoring the
cries of victim child whenever, a child becomes victim of offences, let
alone heinous offences like murder or rape, society craves and cries for
justice. By showing misplaced sympathy to juvenile, who has perpetrated
offence like rape/murder, victim (child) and the society is denied justice
which is not and cannot be the intention of law. In view of above, juvenile
is not entitled to bail under Section 302 and 376 I.P.C. Consequently, no
error has been committed by Sessions Judge in rejecting the bail." Kindly
see : Judgment dated 30.04.2014 of the Hon'ble Allahabad High Court
delivered by Hon'ble Justice Sudhir Kumar Saxena in Criminal Revision
No. 345/2011 titled Virendra Vs. State of UP.
Note : In compliance with the directions issued in the said judgment dated
30.04.2014 of the Hon'ble Single Judge, copy of the judgment has been
circulated by the Registrar General of the Allahabad High Court to all the
Sessions Judges of the State of UP.
27(B-8).Magistrate to decide bail application of juvenile u/s 437 CrPC when
JJ Board not constituted : In the cases noted below, it has been held by
 45

the Hon'ble Allahabad High Court that if the JJ Board is not constituted the
accused/juvenile may move his bail application u/s 437 of the CrPC. before
the Magistrate having jurisdiction and in case the bail application is
rejected by the Magistrate, the juvenile may move his application u/s 439
of the CrPC before the Sessions Judge but he cannot directly move his bail
application before the High Court u/s. 439 CrPC Likewise, where the JJ
Board is not constituted and unless the bail application is rejected by the
Magistrate concerned u/s. 437 CrPC, the same cannot be directly heard by
the Sessions Judge u/s. 439 CrPC. See :
(i) Mohd. Amir vs. State of U.P., 2002 (45) ACC 94 (All)
(ii). Sant Das alias Shiv Mohan Singh vs. State of U.P., 2002 (45) ACC 1157 (All),

27(B-9). SJ to refer the bail application of Juvenile to JJ Board : where the

bail application of the Juvenile was referred by the sessions judge to JJ
Board for disposal, it has been held that the bail application is to be
disposed of by the JJ Board in accordance with section 12 of the JJ Act
2000 and if the bail application is rejected by the board then the power to
grant bail can be exercised by the sessions judge u/s 52 of the JJ Act. See :
Akhilesh vs. State of U.P. 2010 (71) ACC 537 (All)

27(B-10).NDPS Act & Bail Of Juvenile : In the event of recovery of commercial

quantity of Charas from accused, it has been held that bail application of
the accused would be considered u/s 12 of the JJ Act, 2000 & not u/s 37 of
the NDPS Act, 1985. See : 2011 CrLJ 200 (All).

27(B-11).Provisions in 2007 Rules for Bail of Juvenile : The relevant provisions

regarding bail of juvenile contained under the 2007 Rules are as under-----
Rule 13(1)(c)- release the juvenile in the supervision or custody of fit
persons or fit institutions or probation officers as the case may be, through
an order in Form-I, with a direction to appear or present a juvenile for an
inquiry on a next date.
Rule 17(1)- The officer-in-charge shall maintain a register of the cases of
juveniles in conflict with law to be released on the expiry of the period of
stay as ordered by the Board.
Rule 17(4)- The timely information of the release of a juvenile and of the
exact date of release shall be given to the parent or guardian and the parent
 46

or guardian shall be invited to come to the institution to take charge of the

juvenile on that date.
Rule 17(6)- If the parent or guardian, as the case may be, fails to come and
take charge of the juvenile on the appointed date, the juvenile shall be taken
by the escort of the institution; and in case of a girl, she shall be escorted by
a female escort.
Rule 17(8)- If the juvenile has no parent or guardian, he may be sent to an
aftercare organization, or in the event of his employment, to the person who
has undertaken to employ the juvenile.
Rule 17(13)- Where a girl has no place to go after release and requests for
stay in the institution after the period of her stay is over, the officer-in-
charge may, subject to the approval of the competent authority, allow her
stay till the time some other suitable arrangements are made.
27(B-11).Offences punishable with more than 07 years imprisonment to be
cognizable, non-bailable and triable by Children's Court : Sec. 86 (1)
of the JJ Act, 2015 : Where an offence under this Act is punishable with
imprisonment for a term more than seven years, then, such offence shall be
cognizable, non-bailable and triable by a Children’s Court.
27(B-12).Offences punishable with imprisonment from less than 03 years but
not more than 07 years imprisonment to be cognizable, non-bailable
and triable by Magistrate: Sec. 86 (1) of the JJ Act, 2015 : Sec. 86(2) of
the JJ Act, 2015 : Where an offence under this Act is punishable with
imprisonment for a term of three years and above, but not more than seven
years, then, such offence shall be cognizable, non-bailable and triable by a
Magistrate of First Class.
27(B-13).Offences punishable with imprisonment less than 03 years or with
fine to be non-cognizable, bailable and triable by any Magistrate: Sec.
86 (3) of the JJ Act, 2015 : Sec. 86(3) of the JJ Act, 2015 : Where an
offence, under this Act, is punishable with imprisonment for less than three
years or with fine only, then, such offence shall be non-cognizable, bailable
and triable by any Magistrate.
27(B-14).JJ Board to function even when any member of it is absent : Section
5(3) of the JJ Act, 2000 reads thus : "A Board may act notwithstanding the
absence of any member of the Board, and no order made by the Board shall
be invalid by reason only of the absence of any member during any stage of
 47

proceedings : Provided that there shall be at least two members including

the principal Magistrate present at the time of final disposal of the case."
27(B-13).Form of Personal Bond & Bail Bonds for Juvenile : In case a
juvenile is released on bail, rules 15 & 79 of the Juvenile Justice (Care &
Protection of Children) Rules, 2007 requires special personal bond on
prescribed format (given below) from the juvenile and the
guardian/parent/other fit person in whose custody the juvenile is placed :
FORM V
[Rules 15(5) and 79(2)]
UNDERTAKING/BOND TO BE EXECUTED BY A PARENT/GUARDIAN/RELATIVE/
FIT PERSON IN WHOSE CARE A JUVENILE IS PLACED

Whereas I…………………… being the parent, guardian, relative or fit person under
whose care…………..(name of the juvenile) has been ordered to be placed by the Juvenile
Justice Board……………………… have been directed by the said Board to execute an
undertaking/bond with surety in the sum of Rs…………(Rupees………………….) or without
surety. I hereby bind myself on the said……………………….being placed under my care. I
shall have the said …………………. Properly taken care of and I do further bind myself to be
responsible for the good behaviour of the said……………… and to observe the following
conditions for a period of…………………… years w.e.f………………..
1. That I shall not change my place of residence without giving previous
intimation in writing to the Juvenile Justice Board through the Probation
Officer/Case Worker;
2. That I shall not remove the said juvenile from the limits of the jurisdiction of
the Juvenile Justice Board without previously obtaining the written
permission of the Board;
3. That I shall send the said juvenile daily to school/to such vocation as is
approved by the Board unless prevented from so doing by circumstances
beyond control;
4. That I shall send the said juvenile to an Attendance Centre regularly unless
prevented from doing so by circumstances beyond my control;
5. That I shall report immediately to the Board whenever so required by it;
6. That I shall produce the said juvenile in my care before the Board, if he/she
does not follow the orders of Board or his/her behaviour is beyond control;
7. That I shall render all necessary assistance to the Probation Officer/Case
Worker to enable him to carry out the duties of supervision;
8. in the event of my making default herein, I undertake to produce myself
before the Board for appropriate action or bind myself, as the case may be, to
forfeit to Government the sum of Rs. …………(Rupees…………………)

Dated this……………………………….day of……………………..20…………………

Signature of person executing the Undertaking/Bond.

(Signed before me)

Principal Magistrate, Juvenile Justice Board
Additional conditions, if any, by the Juvenile Justice Board may entered numbering them
properly;
I/We ………………………… of………………………. (place of residence with full
particulars) hereby declare myself/ourselves as surety/sureties for the aforesaid…………………. (name
of the person executing the undertaking/bond) to adhere to the terms and conditions of this
undertaking/bond. In case of …………………………. (name of the person executing the bond) making
 48

fault therein, I/We hereby bind myself/ourselves jointly or severally to forfeit to government the sum of
Rs. ………. (Rupees……………..)dated this the …………..day of……….. 20………………. in the
presence of…………………………
Signature of Surety(ies)
(Signed before me)
Principal Magistrate, Juvenile Justice Board

FORM VI
[Rules 15(6) and 79(2)]
PERSONAL BOND BY JUVENILE/CHILD

Personal Bond to be signed by juvenile/child who has been ordered under

Clause………………. Of sub-section……………….. of Section……………. of the Act.
Whereas, I ………………………………….. inhabitant of ………………….. (give full
particulars such as house number, road, village/town, tehsil, district,
state)………………………… have been ordered to be sent back/restored to my native place by
the Juvenile Justice Board/Child Welfare Committee……………………….. under
section……………. of the Juvenile Justice (Care & Protection of Children) Act, 2000 on my
entering into a personal bond under sub-rule…………………….. of rule ……………. and sub-
rule …………….. of rule …………. of these Rules to observe the conditions mentioned herein
below. Now, therefore, I do solemnly promise to abide by these conditions during the
period…………………...

I hereby bind myself as follows:

1. That during the period……………… I shall not ordinary leave the

village/town/district to which I am sent and shall not ordinarily return to ……………..
or go anywhere else beyond the said district without the prior permission of the
Board/Committee.
2. That during the said period I shall attend school/vocational training in the village/town
or in the said district to which I am sent;
3. That in case of my attending school/vocational training at any other place in the said
district I shall keep the Board/Committee informed of my ordinary place of residence.
I hereby acknowledge that I am aware of the above conditions which have been read
over/explained to me and that accept the same.

(Signature or thumb impression of the juvenile/child)

Certified that the conditions specified in the above order have been read over/explained
to (Name of juvenile/child)………………………. and that he/she has accepted them as the
conditions upon which his/her period of detention/placement in safe custody may be revoked.
Certified accordingly that the said juvenile/child has been released/relived on
the…………………
 49

Signature and Designation of the certifying authority

i.e. Officer-in-charge of the institution.

28(A-1).Aim of sentencing of juvenile is to reform and rehabilitate the errant

juvenile : Aim of sentencing of juvenile is to reform and rehabilitate the
errant juvenile. See : Dr. Subramanian Swamy Vs. Raju, 2014 (86) ACC 637
(Three-Judge Bench).
28(A-2).Penalty of detention of juvenile when permissible ? : Rules 4.1, 17.1,
17.2 of the U.N. Standard Minimum Rules for the Administration of
Juvenile Justice, 1985 (The Beijing Rules) do not prohibit detention of a
juvenile is proved to have committed a violent serious offence or to have
repeatedly committed such serious offences. Rule 17.2 prohibits
imposition of capitol punishment on juveniles. See : Dr. Subramanian Swamy
Vs. Raju, 2014 (86) ACC 637 (Three-Judge Bench).
28(A-3).Penalty not awardable against juvenile : According to Sec. 16 of the
Act, 2000, no sentence of death or imprisonment of any term can be passed
against a juvenile. A juvenile cannot be sent to jail for his default of
payment of fine or furnishing security.

28(B). Penalty awardable against Juvenile: Sec. 15 provides for different

orders which may be passed by the JJ Board regarding a juvenile on
recording findings that the juvenile had committed an offence. A juvenile
may be required to render community service as enumerated under Section
15(1)(c) & Rule 2(e) of the Juvenile Justice (Care & Protection of
Children) Rules, 2007. Under Rule 2(e), certain examples of "Community
Service" are given as under :
(i) cleaning a park
(ii) getting involved with habitat for Humanity
(iii) service the elderly in nursing homes
(iv) helping a local fire or police department
(v) helping out at a local hospital or nursing home
(vi) serving disabled children
28(C).Rulings on sentencing of juvenile : Following rulings should be seen on
the point of sentencing of juveniles. See : Dharambir Vs. State (NCT of
Delhi), (2010) 5 SCC 344 (paras 17 &18).

28(D).Revision & Appeal : According to Sec. 54(2) of the Act, 2000, procedure
prescribed for the hearing of appeals or revisions in the CrPC would be
 50

applicable, as far as practicable, in the hearing of revisions u/s. 53 and the

appeals u/s 52 of the Juvenile Justice (Care & Protection of Children) Act,
2000.

29(A).Appeal maintainable u/s 52 against order rejecting claim of Juvenility

: Appeal against an order rejecting claim of juvenility is maintainable u/s
52 of the JJ Act, 2000.

29(B).Time barred appeal u/s 52 to be entertained : Where an appeal u/s 52 of

the JJ Act, 2000 was filed before the Sessions Judge, Agra after a delay of
five days and the same was not condoned u/s 5 of the Limitation Act, 1963
and the appeal was dismissed as being time barred, the Hon'ble High Court,
expressing displeasure at the Sessions Judge, Agra, observed that the
Hon'ble Court cannot visualize a judicial regime where a judicial officer
can punish a litigant for the fault of his counsel who was on strike and
could not file the appeal in time. The Hon'ble High Court while setting
aside the order passed by the Sessions Judge directed him to register the
appeal and dispose of the same within two months. See : Sonu Vs. State of
UP, 2011(75) ACC 146(All)
29(C).Revisional Court not to reverse findings of trial court
recorded on juvenility : A revisional court (High Court) while
exercising its power of revision u/s 53 of the 2000 Act read with Sec.49, 4
& 7-A of that Act cannot convert itself into an appellate court u/s 52 of the
2000 Act read with Sec.49,4 & 7-A of the Act and reverse findings of fact
arrived at by the trial court except where the revisional court is not satisfied
as to legality or propriety of the order passed by the trial court. See : Jabar
Singh Vs. Dinesh, (2010) 2 SCC (Criminal ) 484.

29(D).Revisions and appeals under the 2000 Act---where to lie? : In the

case noted below, it has been ruled by the Allahabad High Court that where
a Magistrate has jurisdiction over several Sessions Divisions, the appeals or
revisions against the orders passed by such Magistrate would lie to the
Court of Session within whose jurisdiction the headquarters of the
Magistrate are ordinarily situate, whether the offence was committed within
such local limits or not. See : Shori Lal vs. State of U.P., AIR 1952 All
193 (All)(LB)
 51

30. Protection of Children from Sexual Offences Act, 2012 &

Determination of Age of Victim Girl : Where while hearing on a bail
application of an accused of offences u/s 363, 366, 376, 504, 506 IPC and
u/s 3/4 of the Protection of Children from Sexual Offences Act, 2012, the
Hon'ble Allahabad High Court came to know that the age of the prosecutrix
said to be 15 years was though determined by the Radiologist and Medical
Officer but the prosecutrix was not produced before CMO for final
determination of her age. Noticing the said lapse on the part of the IO, the
Hon'ble Court issued warnings to the IO with the direction to the Registrar
General of the Hon'ble Court to send a copy of the said judgment to the
Principal Secretary (Health), Govt. of UP and also to the SSP, Allahabad
and the CMO, Allahabad for suitable action against all responsible. See :
Panch Lal Adivasi Vs. State of UP, 2014 (84) ACC 22 (All).
31. POCSO Court to try both the cases where accused charged under SC/ST
Act also : A perusal of Section 20 of the SC/ST (Prevention of Atrocities)
Act, 1989 and Section 42-A of the Protection of Children from Sexual Offences
Act, 2012 reveals that there is a direct conflict between the two non obstante

clauses contained in these two different enactments. If Section 20 of the

SC/ST Act is to be invoked in a case involving offences under both the
Acts, the same would be triable by a Special Court constituted under
Section 14 of the SC/ST Act and if provisions of Section 42-A of the
POCSO Act are to be applied, such a case shall be tried by a Special Court

constituted under Section 28 of the POCSO Act. Dealing with an issue

identical to the case on hand, the Apex Court in Sarwan Singh Vs. Kasturi
Lal, AIR 1977 SC 265 held thus : "When two or more laws operate in the
same field and each contains a non obstante clause stating that its
provisions will override those of any other law, stimulating and incisive
problems of interpretation arise. Since statutory interpretation has no
conventional protocol, cases of such conflict have to be decided in
reference to the object and purpose of the laws under consideration. For
resolving such inter se conflicts, one other test may also be applied though
the persuasive force of such a test is but one of the factors which combine
to give a fair meaning to the language of the law. That test is that the later
enactment must prevail over the earlier one. Bearing in mind the language
of the two laws, their object and purpose, and the fact that one of them is
 52

later in point of time and was enacted with the knowledge of the non-
obstante clauses in the earlier. In KSL & Industries Limited Vs. Arihant
Threads Limited & Others, AIR 2015 SC 498, the Apex Court held thus :In
view of the non obstante clause contained in both the Acts, one of the
important tests is the purpose of the two enactments. It is important to
recognize and ensure that the purpose of both enactments is as far as
possible fulfilled. A perusal of both the enactments would show that POCSO
Act is a self contained legislation which was introduced with a view to
protect the children from the offences of sexual assault, harassment,
pornography and allied offences. It was introduced with number of
safeguards to the children at every stage of the proceedings by
incorporating a child friendly procedure. The legislature introduced the
non obstante clause in Section 42-A of the POCSO Act with effect from
20.06.2012 giving an overriding effect to the provisions of the POCSO Act
though the legislature was aware about the existence of non obstante clause
in Section 20 of the SC/ST Act. Applying the test of chronology, the
POCSO Act, 2012 came into force with effect from 20.06.2012 whereas

SC/ST Act was in force from 30.01.1990. The POCSO Act being beneficial
to all and later in point of time, it is to be held that the provisions of POCSO
Act have to be followed for trying cases where the accused is charged for
the offences under both the enactments." See :
(i) State of A.P. Vs. Mangali Yadgiri, 2016 CrLJ 1415 (Hyderabad High Court)(AP)
(paras 14, 15, 16, 17, 19 & 20).
(ii) KSL & Industries Limited Vs. Arihant Threads Limited & Others, AIR 2015 SC 498.

32. Repeal and savings : Sec. 111 of the JJ Act, 2015 : (1) The Juvenile
Justice (Care and Protection of Children) Act, 2000 is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the
said Acts shall be deemed to have been done or taken under the
corresponding provisions of this Act.
33. Powers to remove difficulties: Sec. 112 of the JJ Act, 2015 : (1) If any
difficulty arises in giving effect to the provisions of this Act, the Central
Government may, by order, not inconsistent with the provisions of this Act,
remove the difficulty: Repeal and savings. Power to remove difficulties. 56
of 2000.
Provided that no such order shall be made after the expiry of the period of
two years from the commencement of this Act.
 53

(2) However, order made under this section shall be laid, as soon as may be
after it is made, before each House of Parliament.

*****