Case Note & Summary
The present appeal was filed by a Child in Conflict with Law (CCL) against an order of the High Court which set aside an order of the Juvenile Justice Board and directed transfer of the case to the Children's Court for trial as an adult. The CCL was apprehended on 03.11.2021 for offences under sections 376(i), 342 IPC and sections 4, 5, 6, 7, 8 of the POCSO Act. He was released on bail on 09.11.2021. After charge-sheet, the Board was to decide whether the CCL should be tried as a juvenile or an adult. On 05.04.2022, the Principal Magistrate passed an order directing trial as an adult, but the Member of the Board recorded a dissenting view and stated he would pass a detailed order later. No separate order was passed. On 12.04.2022, two Members of the Board (without the Principal Magistrate) heard the matter and passed an order that the enquiry should be conducted by the Board as a juvenile. The complainant (mother of the victim) filed an application under Section 19 of the JJ Act for termination of proceedings and transfer to Children's Court, which was dismissed by the Board on 10.04.2023. The complainant then filed a revision petition under Section 397 read with Section 399 CrPC before the High Court, which was allowed, setting aside the Board's order and directing transfer. The CCL appealed to the Supreme Court. The Supreme Court held that the revision petition was not maintainable as the remedy against the Board's order was an appeal under Section 101(1) of the JJ Act to the Court of Sessions, not a revision under CrPC. The High Court's order was set aside, and the complainant was granted liberty to file an appeal before the Court of Sessions within four weeks. The Court also deprecated the practice of passing orders with reasons to follow.
Headnote
A) Criminal Procedure - Revision Jurisdiction - Maintainability - Section 397 CrPC, Section 101 Juvenile Justice (Care and Protection of Children) Act, 2015 - The High Court erred in entertaining a revision petition against an order of the Juvenile Justice Board, as the remedy available was an appeal under Section 101(1) of the JJ Act to the Court of Sessions. The revision was not maintainable. (Paras 10-12) B) Juvenile Justice - Preliminary Assessment - Nature of Order - Sections 15, 18(3) Juvenile Justice (Care and Protection of Children) Act, 2015 - The preliminary assessment under Section 15 is not a final order but a satisfaction recorded by the Board. An order under Section 18(3) directing trial as an adult is appealable under Section 101(1). (Paras 5-6) C) Juvenile Justice - Board Composition - Requirement of Two Members - Section 7(3) Juvenile Justice (Care and Protection of Children) Act, 2015 - For final disposal or passing an order under Section 18(3), at least two members including the Principal Magistrate must be present. The order dated 12.04.2022 passed by two members without the Principal Magistrate was invalid. (Paras 4-5) D) Criminal Procedure - Order with Reasons to Follow - Deprecated - The practice of passing an order while stating that reasons will follow is deprecated as it deprives the party of the right to challenge the order. (Para 5)
Issue of Consideration
Whether the High Court had jurisdiction to entertain a revision petition under Section 397 read with Section 399 CrPC against an order of the Juvenile Justice Board, or whether the remedy lay by way of appeal under Section 101 of the Juvenile Justice (Care and Protection of Children) Act, 2015
Final Decision
The Supreme Court allowed the appeal, set aside the High Court order dated 13.12.2024, and restored the Board order dated 10.04.2023. The complainant was granted liberty to file an appeal before the Court of Sessions under Section 101(1) of the JJ Act within four weeks. The Court also deprecated the practice of passing orders with reasons to follow.
Law Points
- Order passed by Board under Section 18(3) of Juvenile Justice Act is appealable under Section 101(1) to Court of Sessions
- not revisable under CrPC
- Preliminary assessment under Section 15 is not a final order
- Board must consist of at least two members including Principal Magistrate for final disposal
- Practice of passing order with reasons to follow is deprecated
