The judgment clarifies the jurisdiction for trial of offences against children, emphasizing that specific offenses must be tried according to the provisions of the Juvenile Justice Act.

ORDER

Petitioner is the accused in Crime No.756/2011 of Kothamangalam Police Station, Ernakulam District, alleging commission of offences under Sections 366(A), 511 of 376 (attempt to commit rape) and 354 of the Indian Penal Code . The matter is now pending as C.C.No.421/2017 before the Judicial First Class Magistrate Court-I, Kothamangalam.

2. As per Annexure-A2 order of the Sessions Court, Ernakulam (Crl.M.P. No.3505/2016 in S.C. No.236/2014), all offences, other than the offence under Section 354 IPC , were discharged and the case was sent back to the Magistrate Court, for trial. When the matter was thus pending before the Judicial First Class Magistrate Court, Kothamangalam as C.C. No.421/2017, the learned Magistrate has taken a view that, in the light of the provisions contained in Section 25 of the Commissions for Protection of Child Rights Act, 2005 , the case has to be tried before a Special Judge. This order of the learned Magistrate is under challenge before this Court.

3. Heard the learned counsel appearing for the petitioner and Sri. P. Narayanan, learned Additional Public Prosecutor.

4. It is clear from the judgment of this Court in Thresiamma Varkey V. State of Kerala [2017 (3) KLT 216] that the forum for trial of offences against children shall be decided as provided for in Section 86 of the Juvenile Justice (Care and Protection of Children) Act, 2015 , (2015 Act) even in respect of cases alleging offences under the Indian Penal Code .

Section 86 of the 2015 Act reads:-

‘’86. Classification of offences and designated court.-(1) Where an offence under this Act is punishable with imprisonment for a term more than seven years, then, such offence shall be cognizable, non-bailable and triable by a Children’s Court.

(2) Where an offence under this Act is punishable with imprisonment for a term of three years and above, but not more than seven years, then, such offence shall be cognizable, non-bailable and triable by a Magistrate of First Class.

(3) Where an offence, under this Act, is punishable with imprisonment for less than three years or with fine only, then, such offence shall be non-cognizable, bailable and triable by any Magistrate.’’

The offences alleged against the petitioner is presently under Section 354 IPC . The offence under is punishable with imprisonment which may extend to five years. Therefore, under Section 86 of the 2015 Act, the matter has to be tried by the Magistrate of the First Class as provided under Section 86 (2) of the 2015 Act.

Therefore, the order of the learned Magistrate, re- numbering the proceedings as C.P. No.36/2023 does not appear to be correct. Therefore, any order to that effect will stand set aside with a direction to the learned Magistrate to treat the case as one covered by Sub-Section (2) of Section 86 of the 2015 Act.

The Crl.M.C is allowed in the manner indicated above.