Source: Supreme Court

Why in News?

Recently, the Supreme Court has explained the position of the Children’s Court under the Juvenile Justice Act, 2015 (JJ Act).

• The aforesaid explanation was made in the matter of Child in Conflict with Law Through His Mother v. The State of Karnataka and Another.

What was the Background of Child in Conflict with Law Through His Mother v. The State of Karnataka and Another Case?

• A First Information Report (FIR) was registered against the Child in Conflict with Law (CCL) for several offences.
• After being apprehended on 03rd November 2021, the CCL was produced before the Juvenile Justice Board in Bangalore.
• On 05^th April 2022, the Principal Magistrate of the Board ordered that the CCL should be tried as an adult by the Children's Court based on assessment reports. However, a Member of the Board dissented.
• On 12^th April 2022, two Members of the Board (without the Principal Magistrate) ordered that the CCL should be tried by the Board itself as a juvenile.
• The complainant (victim's mother) filed an application under Section 19 of the JJ Act, 2015 seeking termination of the Board's proceedings and transfer to the Children's Court, which was dismissed by the Board on 10th April 2023.
• The High Court of Karnataka allowed the complainant's revision petition against the 10^th April 2023 order, setting it aside and directing the matter be transferred to the Children's Court for trial of the CCL.
• The CCL appealed to the Supreme Court against the High Court's order transferring the case to the Children's Court for trial as an adult.

What were the Court's Observations?

• The court explained that the words 'Children's Court' and 'Court of Sessions' in the JJ Act, 2015 and the 2016 Rules were to be read interchangeably.
  • Primarily, jurisdiction vested in the Children's Court. However, without the constitution of such Children's Court in the district, the power to be exercised under the JJ Act was vested with the Court of Sessions.

What are the Major Provisions Related to Children’s Court in JJ Act?

• Definition:
  • Section 2(20) of the JJ Act, 2015 states that “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 (POCSO), wherever existing and where such courts have not been designated, the Court of Sessions having jurisdiction to try offences under the JJ Act.
• Powers under Section 19:
  • Decide whether there is a need to try the child as an adult under the Code of Criminal Procedure, 1973 (CrPC) or conduct an inquiry as a Board and pass orders under Section 18.
  • Ensure the final order includes an individual care plan for the child's rehabilitation and follow-up.
  • Ensure the child found in conflict with law is sent to a place of safety till age 21, and then transferred to jail, with reformative services provided during stay.
  • Ensure periodic follow-up reports on the child's progress and well-being in the place of safety.
• Appeal under Section 101(5):
  • Any person aggrieved by an order of the Children's Court may file an appeal before the High Court in accordance with the CrPC.
• Revision under Section 102:
  • The High Court may, on its own motion or on an application, call for the record of any proceeding in which the Children's Court has passed an order, to satisfy itself about the legality or propriety of such order, and may pass appropriate orders.