SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(Cal) 95

I. P. MUKERJI, BISWAROOP CHOWDHURY
Shubham Surana – Appellant
Versus
State Of West Bengal – Respondent


Advocates appeared:
Kalyan Bandyopadhyay, Advocate, S. Choudhury, Advocate, Raghav Munshi, Advocate, Kriti Mehrotra, Advocate, Roshan Pathak, Advocate, Rudradipta Nandy, Advocate, S. Das, Advocate, Sandipan Ganguly, Advocate, Bibaswan Bhattacharya, Advocate

JUDGMENT

I. P. Mukerji, J. - This judgment is a work of collaboration between my brother Mr. Justice Biswaroop Chowdhury and myself.

2. These applications under Section 482 of the Criminal Procedure Code were heard out, dispensing with all formalities. As common questions of fact  and law are concerned they are disposed of by this composite judgment and order.

3. The preamble to the Juvenile Justice (Care and Protection of Children) Act, 2000 (the 2000 Act) made it explicit that it was being enacted to  consolidate and amend the law relating to juveniles in conflict with law. It was repealed and replaced by the Juvenile Justice (Care and Protection of Children) Act, 2015 (the 2015 Act) on 15th January, 2016.

4. Both the 2000 and the 2015 Acts have a non-obstantive clause. Section 1(4) in each clarifies that irrespective of any provision in any other Act, the Act will apply to all matters covered by it inter alia concerning children in conflict with law.

5. In the Act of 2000, 'juvenile' or 'child' is defined in Section 2(k) and 'juvenile in conflict with law' is defined in Section 2(l) as follows:-

    '2. (k) 'juvenile' or 'child' means a person who has not completed eighteenth year of age.

      Click Here to Read the rest of this document
      1
      2
      3
      4
      5
      6
      7
      8
      9
      10
      11
      SupremeToday Portrait Ad
      supreme today icon
      logo-black

      An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

      Please visit our Training & Support
      Center or Contact Us for assistance

      qr

      Scan Me!

      India’s Legal research and Law Firm App, Download now!

      For Daily Legal Updates, Join us on :

      whatsapp-icon telegram-icon
      whatsapp-icon Back to top