The jurisdiction for trial of offenses related to children is determined by the law in effect at the time of trial, not by when the offense occurred.

O R D E R

The petitioner is the accused in S.C. No.50 of 2012 on the files of the Additional Sessions Court Kottayam. The petitioner has filed this Crl.M.C. praying for quashing the final report and further proceedings in the above case.

2. The prosecution allegation is that on 5.6.2011, a minor girl aged 13 years was found employed in the house of the petitioner as a made servant for a very meager wage of Rs.100/- per month.

3. On the basis of the said allegation, Crime No.464/2011 was registered in Pala Police Station for the offence under Section 26 of the Juvenile Justice (Care and Protection of Children) Act , 2000 (for short 'the Old Act'). After completing the investigation, the final report was filed before the court by the Police for the above said offence.

The learned Magistrate committed the case to the Sessions Court and presently, the case is pending as S.C.No.50/2012 before the court below.

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5. The learned counsel for the petitioner has argued that in view of Section 86 of the Juvenile Justice (Care and Protection of Children) Act , 2015 (for short 'the New Act'), the offence alleged against the petitioner is triable by a Judicial Magistrate of First Class and in the said circumstances, the proceedings before the Additional Sessions Court cannot be sustained.

6. The offence in this case was allegedly committed on 05.06.2011. The New Act came into force with effect from 15.01.2016., which was only subsequent to the commission of the offence in this case.

7. The New Act is intended to ensure proper care, protection, development, treatment and social re-

integration of children in different circumstances by adopting a child-friendly approach keeping in view the best interest of the child in mind.

8. Section 25 of the Commissions for Protection of Child Rights Act , 2005 (for short 'the Child Rights Act') provides for the constitution of Children's Courts for the purpose of speedy trial of offences against children or violation of child rights. Accordingly, Children's Courts were constituted by notification. After the constitution of the Children's Courts, the offences against the children could be tried only by the Children's Court. Therefore, all offences against the children under the Old Act used to be tried by the Children's Courts.

9. Under the New Act, three categories of offences are defined, which are “heinous offences”, “serious offences” and “petty offences”. As per Section 2(33) of the New Act, “heinous offences” include the offences for which the minimum punishment under the Indian Penal Code (45 of 1860) or any other law for the time being in force, is imprisonment for seven years or more. As per Section 2(54) of the New Act, “serious offences” include the offences for which the punishment under the Indian Penal Code (45 of 1860) or any other law for the time being in force, is imprisonment between three and seven years. As per Section 2(45) of the New Act, “petty offences” include the offences for which the maximum punishment under the Indian Penal Code (45 of 1860) or any other law for the time being in force is imprisonment upto three years.

10. Section 86 of the New Act provides classification of the offences and designated court, which is extracted hereunder:-

“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 Magistra