Power of revision cannot be exercised by the court of Sessions in cases arising out of the Juvenile Justice Act

A M Vs State and Ors

Delhi HC

12/12/2018

CRL. M.C 3855/2016

About/from the judgment:

The legislation on the subject of juvenile justice creates a special forum for inquiry against juveniles in conflict with law requiring that the Magistrate appointed as its member must have “special knowledge or training in child psychology or child welfare”. These have been the pre-requisites of Section 4(3) of the JJ Act, 2000 and Section 4(3) of the JJ Act, 2015. The manner in which the Juvenile Justice Board in this case dealt with the responsibility of appreciating the evidence smacks of total disconnect with the specialized field of child psychology. It is desirable that the mandate of the law that only such Magistrates are appointed as members of the Juvenile Justice Board as possess “special knowledge or training in child psychology or child welfare” is strictly and scrupulously followed. For this, there is perhaps a need to put in position a formal system of scrutiny of the credentials of the persons whose candidature is considered for such appointment and also for formal training to be imparted to them for building their capacity and sensitization.

 

Criminal Procedure Code, 1973 - Ss. 482, 397 r/w. 399 - Penal Code, 1860 - Ss. 377, 323, 506 r/w. 34 IPC - Juvenile Justice (Care and Protection of Children) Act, 2000 – Ss. 23, 52 - Inherent Power and Jurisdiction of High Court - Punishment for cruelty to juvenile or child - Unnatural Offence - Revision - Power of revision in terms of Section 397 read with Section 399 Cr. PC cannot be exercised by the court of Sessions in cases arising out of the Juvenile Justice Act, both of 2000 and 2015.

 

Criminal Procedure Code, 1973 - Ss. 397 to 401 - Juvenile Justice (Care and Protection of Children) Act, 2015 - S.102 - Juvenile Justice (Care and Protection of Children) Act, 2000 - Ss. 14, 53, 54 - Calling for records to exercise powers of revision - Juvenile Justice Board (JJB) - Inquiry by Board regarding juvenile - Procedure in inquiries, appeals and revision proceedings - In cases involving juveniles in conflict with law, the orders passed by the competent authorities under the special legislation are subject to revisional scrutiny only by the High Court and not by the court of Sessions.

 

Medical Jurisprudence and Toxicology - “catamite” - a young boy who was used as a “passive agent” in the anal intercourse - signs found in a passive agent used for the act of sodomy (confirmed sodomite) - possibility of signs being discovered in case where the passive agent is not accustomed to sodomy.

 

Juvenile Justice Board (JJB) - It is desirable that the mandate of the law that only such Magistrates are appointed as members of the Juvenile Justice Board as possess “special knowledge or training in child psychology or child welfare” is strictly and scrupulously followed.

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