Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Juvenile Justice legal fiction |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Juvenile Justice (Care and Protection of Children) Act, 2000-Juvenile Justice Act, 1986-Juvenile-Male juvenile and female juvenile-Distinction between, on the basis of age obliterated under the 2000 Act-Separate age limits of 16 years for male juveniles and 18 years for female juveniles as in the repealed 1986 Act not maintained in the 2000 Act-Age limit is 18 years for both male and female juveniles. Juvenile Justice (Care and Protection of Children) Act, 2000-Sections 20 & 1(3)-Juvenile Justice Act, 1986-Applicabiiity of the 2000 Act to cases pending under the repealed 1986 Act-Held: Provisions of the 2000 Act would be applicable to cases initiated and pending trial under the 1986 Act provided the accused had not completed 18 years of age as on 1-4-2001, the appointed day from which the 2000 Act came into force repealing the 1986 Act-Effect of legal fiction created in S. 20 of the 2000 Act-Explained FIR was lodged alleging commission of offences under Sections 302, 364, 201 read with Sections 34 and 120B IPC. Charges were framed, whereafter respondent No. 2-accused filed application before the Judicial Magistrate, praying that he should be considered to be a juvenile under the Juvenile Justice (Care and Protection of Children) Act, 2000. Since on the date of commission of offence, the Juvenile Justice Act, 1986 was in force and according to its provision the accused was not juvenile being above sixteen years of age, the application was dismissed. However, the Sessions Judge reversed the order and extended benefit of the 2000 Act to the accused. Complainant filed revision application before the High Court which was rejected. The only point involved in the present appeal is whether respondent No. 2, who was admittedly more than 16 years of age on 17-11-1999 when he purportedly committed offences punishable under Sections 302, 364, 201 read with Sections 34 and 120B IPC, would be given the benefits of the 2000 Act and would not be governed by the 1986 Act. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2005 INSC 160 |
Petitioner | Bijender Singh |
Respondent | State Of Haryana And Anr. |
SCR | [2005] 2 S.C.R. 1131 |
Judgement Date | 2005-03-28 |
Case Number | 448 |
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