LAKHAN LAL versus STATE OF BIHAR

Citation: [2011] 1 S.C.R. 770 · Decided: 14-01-2011 · Supreme Court of India · Bench: B. SUDERSHAN REDDY · Disposal: Case Partly allowed

Judgment (excerpt)

[2011) 1 S.C.R. 770 
A 
LAKHAN LAL 
v. 
STATE OF BIHAR 
(Criminal Appeal No. 573 of 2005) 
B 
JANUARY 14, 2011 
(B. SUDERSHAN REDDY AND SURINDER SINGH 
NIJJAR, JJ.J 
Juvenile Justice (Care and Protection of Children) Act, 
> 
c 2000- s. 2(k), 2(1), 7A, 20 and 49- Juvenile - Determination 
of - Commission of offence punishable u/s. 302134 /PC, in 
the year 1985 - Accused not juvenile within the meaning of 
the Juvenile Justice Act, 1986 when offence was committed, 
but had not completed 18 years of age when offence was 
D committed - Benefit and protection under the provisions of 
the 2000 Act whereby Juvenile' is a person who h,as not 
't' . 
completed eighteen years of age - Held: Accused entitled to 
the benefit of the 2000 Act - Accused would be treated as 
juveniles even if the claim of juveni/ity is raised after they 
E have attained the age of eighteen years on or before the date 
of the commencement of the Act of 2000 - Both the accused 
-have ·crossed the age of 18 years, yet for the purposes of 
hearing of the said appeal ,continued to be Juvenile' -
Accused have undergone sentence of more than three years 
_..___ . 
F the maximum period provided under the 2000 Act, thus, 
sentences of life imprisonment awarded to them are set aside 
- Sentence/Sentencing - Juvenile Justice Act, 1986 -
Juvenile Justice (Care and Protection of Children) Rules, 
2007 - rr. 12, 98 - Penal Code, 1860 - s. 302134. 
G 
The appellants were convicted for the offence 
punishable uls. 302134 IPC for committing murder of 'S' 
+ 
and sentenced to life imprisonment by the courts below. 
On the date of occurrence of the crime, i.e. 09.05.1985, the 
H 
770 
.... 
LAKHAN LAL v. STATE OF BIHAR 
771 
~ppellant'L' was aged about 16 years 10 months and the 
A 
.-J-· 
appellant 'P' was aged about 16 years 5 months . 
The present matters have been filed by the appellants 
contending that since they were 'juvenile' within the 
meaning of Section 2(k) of the Juvenile Justice (Care and 
B 
Protection of Children) Act, 2000, on the date of 
occurrence of the crime, the order of sentence passed 
.....(. 
against .them be set aside . 
Partly allowing the appeals, the Court 
c 
HELD: 1.1 Tile relevant date for determining the age 
of a person who claims to be a juvenile/child would be 
the date on which the offence has been committed and 
not the date when he is produced before the authority or 
in the court. [Para 9) [776-G-H; 777-A] 
D 
, '"( 
Pratap Singh vs. State of Jharkhand and Anr. (2005) 3 
sec 551 -
followed. 
1.2 The Bihar Children's Act that was in operation as 
on the date of the incident i.e. 09.05.1985. The Juvenile 
E 
Justice Act, 1986 came into operation on 3rd December, 
1986. The said Act which defines·a 'juvenile' as a boy who 
has not attained the age of sixteen years or a girl who has 
not attained the age of eighteen years. Section 63 of the 
1986 Act provides "Repeal and savings" that, if F 
immediately before the date on which the Act comes into 
force in any State, there is in force in that State, any law 
corresponding to the Act, that law shall stand repealed 
on the said date. The said provision further states that 
any right, privilege, obligation or liability acquired, 
G 
.. + 
accrued or incurred under any law so repealed; or any 
penalty, forfeiture or punishment incurred ill respect of 
any offence committed against any law so repealed; and 
the legal proceedings in respect of any such right, 
H 
772 
SUPREME COURT REPORTS 
[2011] 1 S.C.R. 
A privilege, obligation would continue as if the 1986 Act had 
not been passed. [Para 10) [777-B-E] 
1.3 The Juvenile Justice (Care and Protection of 
Children) Act, 2000 came into force w.e.f. 1st April, 2001. 
B Section 2(k) of the 2000 Act provides that 'juvenile' or 
'child' means a person who has not completed 
eighteenth year of age and Section 2(1) says that 'juvenile 
in conflict with law' means a juveni!9-who is alleged to 
have committed an offence and"'has not completed 
.~ 
eighteen years of age as on the date of commission of 
C such offence. It is manifest from a conjoint reading of 
Sections 2(k), 291), 7A, 20 and 49 of the Act of 2000, read 
with Rules 12 and 98 of the Juvenile Justice (Care and 
Protection of Children) Rules, 2007 that all persons who 
are below the age of eighteen years on the-date of 
D commission of the offence even prior to 1st April 2001 
would be treated as juveniles even if the claim of 
~ • 
juvenility is raised after they have attained the

Excerpt shown. Read the full judgment & AI analysis in Lexace.