LexCHILD IN CONFLICT WITH LAW THROUGH HIS MOTHER versus THE STATE OF KARNATAKA AND ANOTHER
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* Author [2024] 5 S.C.R. 761 : 2024 INSC 387 Child in Conflict with Law Through his Mother v. The State of Karnataka and Another (Criminal Appeal No. 2411 of 2024) 07 May 2024 [C.T. Ravikumar and Rajesh Bindal,* JJ.] Issue for Consideration (i) Whether the period provided for completion of preliminary assessment u/s. 14(3) of the Juvenile Justice (Care and Protection of Children) Act, 2015 is mandatory or directory; (ii) Whether the words ‘Children’s Court’ and ‘Court of Sessions’ in Juvenile Justice (Care and Protection of Children) Act, 2015 and the 2016 Rules shall be read interchangeably; (iii) What is the time period to file an appeal u/s. 101(2) of the Act against an order of the Board passed u/s. 15 of the Act; (iv) Whether all the orders passed by the Courts, Tribunals, Boards and the Quasi-Judicial Authorities, the names of the Presiding Officer and/or the Members who sign the orders shall be mentioned; (v) Whether the Presiding Officers and/or Members, while passing the order shall properly record presence of the parties and/or their counsels, the purpose for which the matter is being adjourned and the party on whose behalf the adjournment has been sought and granted. Headnotes† Juvenile Justice (Care and Protection of Children) Act, 2015 – s. 14(3) – Whether the period provided for completion of preliminary assessment u/s.14(3) of the 2015 Act is mandatory or directory: Held: The preliminary assessment into the heinous offence by the Board in terms of Section 15(1) of the Act has to be concluded within a period of three months in terms of Section 14(3) of the Act – The Act as such does not provide for any extension of time and also does not lay down the consequence of non-compilation of inquiry within the time permissible – In the absence thereof the provision prescribing time limit of completion of inquiry cannot be held to be mandatory – Thus, the provision of Section 14(3) of the Act, providing for the period of three months for completion of a preliminary assessment under Section 15 of the Act, is not 762 [2024] 5 S.C.R. Digital Supreme Court Reports mandatory – The same is held to be directory – The period can be extended, for the reasons to be recorded in writing, by the Chief Judicial Magistrate or, as the case may be, the Chief Metropolitan Magistrate – As in the process of preliminary inquiry there is involvement of many persons, namely, the investigating officer, the experts whose opinion is to be obtained, and thereafter the proceedings before the Board, where for different reasons any of the party may be able to delay the proceedings, the time so provided in Section 14(3) cannot be held to be mandatory, as no consequences of failure have been provided as is there in case of enquiry into petty offences in terms of Section 14(4) of the Act. [Paras 9.13, 9.14, 18(i)] Juvenile Justice (Care and Protection of Children) Act, 2015 – Juvenile Justice (Care and Protection of Children) Model Rules, 2016 – Whether the words ‘Children’s Court’ and ‘Court of Sessions’ in Juvenile Justice (Care and Protection of Children) Act, 2015 and the 2016 Rules shall be read interchangeably: Held: From a conjoint reading of the provisions of the Act and the 2016 Rules, wherever words ‘Children’s Court’ or the ‘Sessions Court’ are mentioned both should be read in alternative – In the sense where Children’s Court is available, even if the appeal is said to be maintainable before the Sessions Court, it has to be considered by the Children’s Court – Whereas where no Children’s Court is available, the power is to be exercised by the Sessions Court – The words ‘Children’s Court’ and ‘Court of Sessions’ in Juvenile Justice (Care and Protection of Children) Act, 2015 and the 2016 Rules shall be read interchangeably – Primarily jurisdiction vests in the Children’s Court – However, in the absence of constitution of such Children’s Court in the district, the power to be exercised under the Act is vested with the Court of Sessions. [Paras 12.2, 18(ii)] Juvenile Justice (Care and Protection of Children) Act, 2015 – What is the time period to file an appeal u/s. 101(2) of the Act against an order of the Board passed u/s. 15 of the Act: Held: Appeal, under Section 101(2) of the Act against an order of the Board passed under Section 15 of the Act, can be filed within a period of 30 days – The appellate court can entertain the appeal after the expiry of the aforesaid period
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