A court trying a child as an adult for murder under Section 302 IPC cannot award a sentence less than life imprisonment; however, pursuant to Section 21 of the JJ Act 2015, such life imprisonment must be awarded with the possibility of release.

ANOOP CHITKARA, J.

1. Challenging the above captioned judgment of conviction and sentence, the convict, who is a CCL, has come up before this Court by filing the present criminal appeal.

2. We have heard counsel for the appellant and State, and instead of admitting the matter for final hearing, we have noticed one fundamental defect which must be addressed at the initial stage itself, because if not cured at this stage, it would further delay proceedings, put the convict in a queue which would be later than that of today, and serve no purpose.

3. The fundamental defect that is noticeable is in the sentencing portion of the impugned judgment. As per the impugned judgment, the appellant was treated as a child but was tried as an Adult as mandated in §19 of Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter called the ‘JJ Act’) in the above captioned trial. The trial Court held the present appellant guilty of the commission of offenses punishable under §§506 and 302, read with §34 of the IPC.

4. The learned trial Judge heard the child on the quantum of sentence and vide a separate order dated March 13, 2026, sentenced the child under §506 r/w 34 IPC for RI for 06 months and a fine of Rs. 200/-, and in default of payment of fine, to undergo a simple imprisonment for one week. We are not stating anything regarding this portion of the sentence.

5. The problematic and illegal portion is the next sentence under §302, read with 34 IPC. The learned trial Judge imposed a sentence of RI for a period of 10 years and directed payment of a fine of Rs. 5000/-, and, in default of payment of the fine, the convict shall further undergo simple imprisonment for 03 months. On the face of it, this sentence is contrary to the basic statutory provision of §302 IPC, which provides for only two sentences, i.e., either life imprisonment or death. Nowhere is it mentioned that under §302 IPC, the sentence can be for 10 years.

6. It shall be relevant to extract the following provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter called the ‘JJ Act’):

19. Powers of Children’s Court.—(1) After the receipt of preliminary assessment from the Board under section 15, the Children’s Court may decide that—

(i) there is a need for trial of the child as an adult as per the provisions of the Code of Criminal Procedure, 1973 (2 of 1974) and pass appropriate orders after trial subject to the provisions of this section and section 21, considering the special needs of the child, the tenets of fair trial and maintaining a child friendly atmosphere;

(ii) there is no need for trial of the child as an adult and may conduct an inquiry as a Board and pass appropriate orders in accordance with the provisions of section 18.

(2) The Children’s Court shall ensure that the final order, with regard to a child in conflict with law, shall include an individual care plan for the rehabilitation of child, including follow up by the probation officer or the District Child Protection Unit or a social worker.

(3) The Children’s Court shall ensur