The provisions of the Children Act and the Juvenile Justice Act are applicable even to a case where by the time the trial commences or concludes the accused ceases to be a child, although when the offence was committed he was a child within the meaning of the Act.

N.P.SINGH, J.

1. The appellant has been convicted under sections 302, 307 and 324 of the Penal Code by the Sessions Judge and has been sentenced to undergo imprisonment for life under sec. 302, ten years under sec. 307 and two years under sec. 324. The sentences have been directed to run concurrently. The appellant is alleged to have committed the offences in question on 8-3-1982. It appears that no plea was taken in the Court below that the appellant was a child within the meaning of the Bihar Children Ordinance /Act on the date of the commission of the offence and as such he should not have been put on trial before the Sessions Judge. This plea was taken for the first time before this Court during the hearing of the appeal. The Bench hearing the appeal has referred the case for consideration of the following questions by a larger Bench.

(i) Whether the provisions of the Bihar Children Act, 1982 shall be applicable even to a case where by the time the trial commences or concludes the accused ceases to be a child although when the offence was committed he was a child within the meaning of the Act ?

(ii) Where the plea that the accused was a child within the meaning of the Act aforesaid and as such the trial could not have proceeded before the Criminal Court, has not been taken at the trial stage but is taken at the appellate stage, what procedure should be followed for the purpose of determination of the age of the accused at the time of the commission of the offence and if the accused is found to be child, then for extending the benefits of the Act ?

2. In olden days every home was the best child care home but with growth of population and industrialisation children are being neglected by their own parents and come in contact with evil elements in the society. Many of such children who are charged as criminals are themselves victims of the circumstances prevailing in the, society. As such different States framed legislations for dealing with children alleged to have committed different offences. Initially Bihar Children Ordinance, 1973 (Ordinance No. 33 of 1973) was promulgated which was ultimately replaced by the Bihar Children Act, 1982 (hereinafter referred to as the Children Act). Later Parliament enacted the Juvenile Justice Act, 1986 (hereinafter referred to as the Juvenile Act) containing more or less provisions, perhaps, with an object that there should be a Central Act in respect of children throughout the country.

3. Sec.2(d), (e), (g), (i) and (m) of the Children Act defines the expressions "child ", "childrens court", "competent authority", "delinquent child" and "offence" respectively as follows :

"2(d) "child" means a boy or a girl who has not attained the age of sixteen years or eighteen years; respectively as the case may be;

2(e) "childrens court" means a court constituted under sec. 5;

2(g) "competent authority" means, in relation to neglected children, a Board constituted under sec. 4 and, in relation to delinquent children a childrens court constituted under sec. 5, and where no such Board or childrens court has been constituted, includes any court empowered under sub-section (3) of section 7 to exercise the powers conferred on a Board or childrens court;

2(i) "delinquent child" means a child who has been found to have committed an offence;

2(m) "offence" means an offence punishable under any law for the time being in force."

4. Sections 7 and 8 which are relevant are as follows :

"Section-7. Power of Board and Childrens Court.-(1) Where a Board or a childrens court has been constituted for any area, such Board or court shall notwithstanding anything contained in any other law for the time being in force but save as otherwise expressly provided in this Act, have power to deal exclusively with all proceedings under this Act relating to neglected children or delinquent children, as the case may be,

(2) Provided, if the Board and the childrens court differ at the point as to where should the proceedin