IMPORTANT POINT
If any proceedings is pending on date of enforcement of Juvenile Justice (Care & Protection of Children) Act. 2000, that proceedings shall be concluded under provisions of old Act but if on conclusion of trial Court hold that accused was juvenile, it shall not pass sentence against him but send him to Juvenile Board.

JUDGMENT

U.S. Tripathi. J. - This revision has been directed against the order dated 30-10-2001, passed by the Sessions Judge, Chandauli in S.T. No. 28 of 2001, holding accused Ram Singh, opposite party No. 2 as juvenile under Juvenile Justice (Care and Protection of Children) Act, 2000.

2. Heard learned counsel for the applicant learned A. G.A. and Sri Ashwani Mishra, learned counsel for he opposite party No. 2 and perused the record.

3. The opposite party No. 2 was facing trial in S.T. No. 28 of 2001 under Sections 498-A, 304-B and of IPC and 3/4 Dowry Prohibition Act. The occurrence took place on 18-6-1997. The case was committed to the Court of Sessions by the Magistrate prior to 30-12-2000 and the trial against the opposite party No. 2 was pending on 30--2-2000. Before the Session Judge the applicant moved an application for declaring him juvenile. The above application was opposed by the prosecution on the ground that the provisions of the Juvenile Justice (Care and Protection) Act 2000 hereinafter called the Act is not applicable to the present proceedings.

4. The learned Sessions Judge held that the new Act received the assent of the President of India on December 30, 2000 and was published in the Gazette Extraordinary, dated December 30, 2000, therefore, the commencement of the Act was from the said date i.e. 30-12-2000, when the case was pending against the opposite party No. 2 and therefore, he is entitled to the benefit of new Act. Accordingly, he declared the applicant as juvenile under the new Act.

5. Aggrieved with the above order the complainant of the case preferred this revision.

6. The questions which are involved in this case are as to what was the date of commencement of the new Act and whether the provisions of new Act are applicable to the present case.

Section 1 of the new Act reads as under:

(1) This Act may be called the Juvenile Justice (Care and Protection of Children) Act, 2000.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) It shall not come into force on such date as the Central Government may by notification in the Official Gazette, appoint.

7. The Central Government issued notification No. S.O. 177 (E) dated February 28. 2001, notifying that the new Act will come into force on April 1. 2001. Thus it is clear that the learned Sessions Judge had wrongly held that the Act came into force on 30-12-2000 when it received assent of the President and was published in the Gazette of India dated December 30, 2000.

8. It is not disputed that the trial against the applicant was pending from before 30-12-2000, i.e. much prior to the date of enforcement of the new Act. i.e. 1-4-2001. Section 20 of the new Act, which deals with the special provisions in respect of the pending cases, reads as under:

"20. Special provision in respect of pending cases- Notwithstanding anything contained in the Act, all proceedings in respect of a juvenile pending in any court in any area on the date on which this Act comes into force in that area, shall be continued in that court as if this Act had not been passed and if the court finds that the juvenile has committed an offence, it shall record such finding and instead of passing any sentence in respect of the juvenile, forward the juvenile to the Board which shall pass orders in respect of that juvenile in accordance with the provisions of this Act as if it has been satisfied on inquiry under this Act that a juvenile has committed the offence".

9. The wordings of the above section are clear enough to show that if any proceeding is pending on the date of enforcement of the new Act, that proceeding shall be concluded under the provisions of old Act. However, it provides that in case the court finds that the accused was juvenile and he committed the offence, the court shall record its finding, but shall not pass any sentence and send the juvenile to the Board for appropriate orders. The sending of juvenile before the Board would arise after con