Joint Proceedings, Disqualification and Pending Cases

In one line

No preventive proceeding and no joint trial with an adult, no disqualification and destroyed records for a child dealt with under the Act, except where he was tried as an adult, pending cases continue where they are, and a runaway is produced within twenty four hours and faces no fresh proceeding.

In the wording a student can write in an exam: section 24(1) of the Juvenile Justice (Care and Protection of Children) Act, 2015 provides that a child who has committed an offence and has been dealt with under the Act shall not suffer disqualification attaching to a conviction, but the proviso excludes a child who has completed or is above sixteen and is found to be in conflict with law by the Children's Court under section 19(1)(i).

Section 22, no preventive proceeding

Notwithstanding the Code of Criminal Procedure, 1973, or any preventive detention law for the time being in force, no proceeding shall be instituted and no order shall be passed against any child under Chapter VIII of the Code.

Chapter VIII of the Code is security for keeping the peace and for good behaviour.

Note what the 2015 Act added. Section 17 of the 2000 Act referred only to the Code. Section 22 adds "or any preventive detention law for the time being in force", which closes the route of preventive detention against a child.

And note the words "any child". Not merely a child in conflict with law; any child.

Section 23, no joint proceedings

Sub-section (1). Notwithstanding section 223 of the Code or any other law, there shall be no joint proceedings of a child alleged to be in conflict with law with a person who is not a child.

Sub-section (2). If during the inquiry by the Board or by the Children's Court a person alleged to be in conflict with law is found not to be a child, that person shall not be tried along with a child.

The 2000 Act's section 18 required the Board to direct separate trials. Section 23 is drafted as a prohibition instead, and sub-section (2) covers the case that arises after the inquiry has begun, which the 2000 Act did not.

Section 24, disqualification and records

Sub-section (1), the rule. Notwithstanding any other law, a child who has committed an offence and has been dealt with under this Act shall not suffer disqualification, if any, attached to a conviction of an offence under such law.

The proviso, the exception. Sub-section (1) shall not apply to a child who has completed or is above sixteen and is found to be in conflict with law by the Children's Court under section 19(1)(i), that is, tried as an adult.