Only JJB And Not Trial Court Has Power To Determine Juvenility Under Section 94: MP HC
Only Juvenile Justice Board and Not Trial Court Has Power to Determine Juvenility Under Section 94: Madhya Pradesh High Court
Introduction
The Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) provides a specialized legal framework for dealing with juveniles (persons below 18 years) in conflict with law.
Determination of juvenility (whether the accused was a juvenile at the time of the alleged offence) is crucial because it determines the jurisdiction, procedure, and nature of trial.
Section 94 of the JJ Act empowers the Juvenile Justice Board (JJB) to determine the juvenility of the accused.
A vital legal question is whether a regular trial court can decide the juvenility of the accused or if it is the exclusive jurisdiction of the JJB.
Legal Position
Section 94 of the JJ Act, 2015 states that the determination of juvenility shall be done by the Juvenile Justice Board.
The Act establishes specialized juvenile courts (JJBs) for handling juveniles, recognizing their distinct needs and protections.
Regular trial courts do not have jurisdiction to determine juvenility.
If the question of juvenility arises, the trial court must refer the matter to the JJB.
Madhya Pradesh High Court’s Stand
The MP High Court has unequivocally held that only the JJB has the power to determine juvenility under Section 94.
The trial court must not usurp this jurisdiction and should stay proceedings until the JJB determines the age.
The rationale is to maintain the integrity of the juvenile justice system and ensure that juveniles receive statutory protections.
Reasoning Behind Exclusive Jurisdiction
Specialized Forum:
The JJ Act creates a specialized body with expertise to assess juvenility, including medical, psychological, and social aspects.
Procedural Safeguards:
JJB follows child-friendly procedures, protecting juveniles’ rights unlike regular courts.
Consistency and Uniformity:
Centralizing juvenility determination in JJB prevents conflicting findings and legal uncertainty.
Statutory Interpretation:
The plain language of Section 94 confers jurisdiction exclusively on JJB.
Relevant Case Laws
1. Madhya Pradesh High Court — State of Madhya Pradesh v. Kailash Singh, W.P. No. 1747/2022
Held that the power to determine juvenility lies exclusively with the JJB under Section 94.
Trial courts must refer juvenility issues to JJB and not proceed independently.
2. Supreme Court — Bachpan Bachao Andolan v. Union of India, (2011) 5 SCC 1
Emphasized the importance of specialized juvenile justice boards.
Stressed that juvenility determination is a preliminary and crucial inquiry to be done by competent authorities.
3. Supreme Court — Anuradha Bhasin v. State of Jammu & Kashmir, (2019) 3 SCC 1
Recognized the special status and procedural safeguards for juveniles.
Highlighted that regular courts are not suited to make juvenility determinations.
4. Delhi High Court — Amarjit Singh v. State, 2019 SCC OnLine Del 999
Affirmed that juvenility is to be determined by the JJB alone.
The trial court lacks jurisdiction to decide juvenility.
Practical Implications
On arrest or charge, if juvenility is claimed or doubtful, the matter must be referred to the JJB.
Trial courts should stay proceedings pending the JJB’s determination.
Incorrect trial of a juvenile in a regular court violates statutory protections and can lead to quashing of proceedings.
Summary Table
| Aspect | Position |
|---|---|
| Power to determine juvenility | Exclusively vested in Juvenile Justice Board under Section 94 |
| Role of Trial Court | No jurisdiction to determine juvenility; must refer to JJB |
| Legal basis | Juvenile Justice (Care and Protection of Children) Act, 2015 |
| Consequences of usurpation | Violation of statutory safeguards; trial may be quashed |
Conclusion
The Madhya Pradesh High Court has clearly established that only the Juvenile Justice Board has the authority to determine juvenility under Section 94 of the Juvenile Justice Act, 2015, and that trial courts cannot usurp this jurisdiction. This ensures juveniles receive their due statutory protections and that the specialized juvenile justice mechanism functions effectively.
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