Children's Court Meant To Try Not Just Cases Where Child Rights Are Violated But Also Juveniles To Be Tried As Adults: MP High Court

In a recent judgement, the MP High Court clarified the Children's Court is not only for trying the cases where child rights have been violated and victims are children but also for juveniles aged 16-18 who are accused of committing heinous offences.

The single-judge bench of Justice Vishal Dhagat observed, “At first glance, Children's Court appears to be Court which are trying the cases where child rights have been violated and victims are children. But, Section 25 of Commission for Protection of Child Rights Act, 2005 is to be read along with Juvenile Justice (Care and Protection of Children) Act, 2015. In Sections 15 and 18 of the Juvenile Justice (Care and Protection of Children) Act, 2015, it is laid down that Juvenile Justice Board will carry out an inquiry whether child in conflict with law or not…If Juvenile Justice Board comes to a conclusion that a juvenile is between 16-18 years and he has committed a heinous offence then his case is to be transferred to Children's Court for trial.”

The present case is a criminal revision filed by the applicant under Section 102 of Juvenile Justice (Care & Protection of Children) Act, 2015 against an order passed by the Children Court. An application was filed before the trial Court that the applicant was minor at the time of incident and was less than 18 years, therefore, he ought to have been tried by Juvenile Justice Board and not by Children Court. The said application was dismissed by the Trial Court.

The counsel for applicant relied upon the Commission for Protection of Child Rights Act, 2005. It was submitted that as per Chapter-V, Section 25 of the said Act, Children's Court has been constituted for speedy trial of offences against children or of violation of child rights. It was further submitted that Children's Court tries offences where victims are children but not in cases where offence is said to have been committed by juvenile. Therefore, the order passed by trial Court is defective and liable to be set aside.

The counsel appearing for the state submitted that no error can be found in the order passed by the trial Court.

The court said that counsel for the applicant is unable to understand the import of Children's Court. The court clarifies that Section 25 of the Commission for Protection of Child Rights Act, 2005 is to be read along with Juvenile Justice (Care and Protection of Children) Act, 2015. In Section 2(20) of JJ Act, Children's Court has been defined. Further, in Sections 15 and 18 of the Act, it is laid down that Juvenile Justice Board will carry out an inquiry whether child in conflict with law or not and will consider the facts and circumstances of the case to determine the fact whether offence committed by juvenile is of heinous nature and if he is between 16-18 years then whether he is to be tried as an Adult. Thereafter, if Juvenile Justice Board comes to a conclusion that a juvenile is between 16-18 years and he has committed a heinous offence then his case is to be transferred to Children's Court for trial.

Therefore, the court concluded that no error has been committed by the Trial Court in transferring the case to Children's Court after inquiry by Juvenile Justice Board.

The criminal revision was thus, dismissed.

Case Title: Mubarak Khan versus The State of Madhya Pradesh And Others, Criminal Revision No. 4922 of 2024

Citation: 2024 LiveLaw (MP) 303

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