I. P. MUKERJI, BISWAROOP CHOWDHURY
Shubham Surana – Appellant
Versus
State Of West Bengal – Respondent
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 It was repealed and replaced by the Juvenile Justice (Care and Protection of Children) Act, 2015 (the 2015 Act) on 15th January, 2016.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.
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