( 1 ) DEVISINGH the first appellant, had admittedly not attained the age of 16 years on the date of the offence. He was then a 'child' within the meaning of the definition contained in Section 2 (c) of the M. P. Bal Adhiniyam, 1970 (No. 15 of 1970) (hereinafter called the 'bal Adhiniyam' ). He was tried for the offence of murder punishable under Section 302, Penal Code. Be was, along with three other accused, tried by the Sessions Judge, Seoni, who found him guilty of that offence. However, he was dealt with under Section 6 of the Bal Adhiniyam.

( 2 ) HE preferred this appeal for his acquittal. When the appeal went before a division Bench, the following question arose, which has been referred to us for opinion:-

" whether the exclusive jurisdiction conferred by the provisions of the bal Adhiniyam, 1970, on Juvenile Courts to try a 'child' within the meaning of the definition contained in Section 2 (c) of the Adhiniyam for all offences, including those punishable with life imprisonment or death, continues after the enforcement of the new Cr, P. C. (1974 ). "

In the order of reference, there is a mention of State of M. P. v. Ramesh Nai, 1975 MPLJ 1 : (1975 Cri LJ 713) (FB) where it was held that the exclusive jurisdiction of the Juvenile Courts had been taken away after the enforcement of the new Cr. P. C. with effect from April 1, 1974. Relying on that decision, the learned Sessions Judge tried Devisingh.

( 3 ) FORMERLY, i. e. under the Cr. P. C. 1898 it had been held by a Division Bench of this Court in Rupsingh v. State, 1974 MPLJ 341 : (1975 Cri LJ 500), that the juvenile Court had exclusive jurisdiction to try a child as defined in the adhiniyam, in respect of all offences, including those punishable with life imprisonment or death.

( 4 ) SECTION 2 (c) of the Bal Adhiniyam defines a 'child' thus:--" Child' means a boy or a girl who has not attained the age of 16 years. " Clause (f) of that section defines 'delinquent child' as follows:-" 'delinquent child' means a child who has been found to have committed an offence. "

( 5 ) UNDER Section 4 of the Adhiniyam, a Juvenile Court is established and as soon as such Court is established, it has to deal with a delinquent child, by virtue of Section 6. The jurisdiction was exclusive as declared by the non obstante clause. It is subject to the provisions expressly made in the Adhiniyam itself. Sec-tion 19 of the Adhiniyam provides for an enquiry to be made in accordance with Section 39 of the Adhiniyam, in respect of a child who is charged with an offence and who appears or is produced before a Juvenile court. Section 24 prohibits joint trial of a child with adult. Section 39 enacts that save as otherwise provided by the Adhiniyam, a Juvenile Court, by holding an enquiry under any of the provisions of the Adhiniyam, shall follow such procedure as may be prescribed and subject thereto the procedure laid down in the Cr. P. C. 1898, for trial in summons cases, would be followed. S, 67 excludes the application of Section 29-B of the old Code. Thus, a child who is charged with any offence, ir-respective of whether it is punishable with death or imprisonment of life, is required to be dealt with by the Juvenile Court in accordance with the provisions of the Adhiniyam.

( 6 ) ADVERTING now to the Cr. P. C. (1974), Section 4 enacts that

" (1) all offences under the Indian Penal Code shall be investigated, enquired into, tried and otherwise dealt with according to the provisions herein contained; (2) all offences under any other law shall be investigated, enquired into. . . . . "

Now, the offence of murder, which is punishable under Section 302, Penal code, falls within Sub-section (1) of Section 4 and has, therefore, to be tried according to the provisions of the Cr. P. C.

( 7 ) HOWEVER, Section 5 of the Code saves from the operation of the Code "any special or local law for the time being in force, or any special jurisdiction or power conferred or any special form of procedure