Discuss the jurisdiction of the court in cases of juveniles as provided under the Criminal Procedure Code, 1973.

Question: Discuss the jurisdiction of the court in cases of juveniles as provided under the Criminal Procedure Code, 1973. [R.J.S. 1994]

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Answer

Section 27 of CrPC states the Jurisdiction in the case of juveniles. It provides that any offence not punishable with death or imprisonment for life, committed by any person who at the date when he appears or is brought before the Court is under the age of sixteen years, may be tried by the Court of a Chief Judicial Magistrate, or by any Court specially empowered under the Children Act, 1960 (60 of 1960), or any other law for the time being in force providing for the treatment, training, and rehabilitation of youthful offenders.

The section further considerate the age and psyche of Juvenile offender conforms with restorative justice, by providing the following:

1. Treatment
2. Training
3. Rehabilitation of youthful offenders.

However, an offence punishable with death or imprisonment for life if committed by a person who is below the age of 16 years is an exception to the above rule and it cannot be tried by the above courts. The age of 16 years is taken into account on the date an offender either appears or is brought before the court.

Section 27 does not take away the jurisdiction conferred on a Magistrate under Section 26 and the first schedule. It is intended to confer on some other court the power to try juvenile offenders for certain offences which would otherwise have been triable exclusively by the Court of Sessions.

The object of this Section is to do away with the lengthy procedure of trial in the case of juvenile offenders and also to provide for their trial by some expert courts.

This Section does not take away the power of the State Legislature to make a law relating to the treatment, etc. of children or create special courts for the trial of such youthful offenders.

It also does not take away the power of a juvenile court established under any such local law to try juvenile offenders even for an offence punishable with death or life imprisonment. Section 27 is an enabling Section and it does not express any contrary intention to undo the saving provided in Section 5 of the Code.

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