Which Court Has Jurisdiction to Try an Offence Punishable Under Section 75 of the Juvenile Justice Act, 2015
A recurring question in criminal practice involving child welfare cases is this: an offence under — commonly invoked for cruelty to a child or failure to protect a child's interests — is triable by which court? The answer matters not only for trial procedure but also for bail classification, the availability of compounding, and the approach of High Courts when quashing proceedings.
The Short Answer: The
Offences under Section 75 of the Juvenile Justice Act, 2015 are generally treated as bailable and triable by a 2019 Supreme(Online)(KER) 56817. The Act establishes Children's Courts as the designated fora for trials of offences against children, and Section 75 — which penalises cruelty to a child, including assault, abandonment, exposure, or wilful neglect — falls squarely within that framework.
That said, where a Section 75 offence is charge-sheeted alongside serious substantive offences such as those under , the entire case may be committed and tried before the for the offences triable by the
SMT PHEIROIJAM NINGOL KARAM ONGBI ROMITA DEVI vs STATE OF MANIPUR AND 5 ORS
SMT PHEIROJIJAM ONGBI LONGJAM NINGOL LANDHONI DEVI vs STATE OF MANIPUR AND 5 ORS
. In such composite prosecutions, the jurisdiction and the ordinary Sessions jurisdiction operate together as the scheme of the Act contemplates.How Courts Have Characterised the Offence
Bail Classification
The bail nature of Section 75 has been the subject of argument before High Courts. Some petitioners have contended that the offence is non-bailable, but judicial treatment indicates that the offence under Section 75 is bailable, and its severity is measured by the maximum punishment prescribed rather than by the label applied to it in the charge-sheet 2019 Supreme(Online)(KER) 56817. When assessing custody and remand questions, courts look at the maximum sentence attached to the provision to determine the applicable procedural category.
Nature
An important feature of Section 75 is its character in compounding proceedings. Courts have noted that the offence under Section 75 of the Juvenile Justice Act is , in contrast to offences such as , which are compoundable 2025 Supreme(Online)(Del) 4189. This distinction matters greatly in practice:
- A can be formally closed through a composition between the parties under the procedural code.
- A non- cannot be compounded, but the may still quash proceedings on the basis of a settlement, exercising its where the dispute is essentially private and continuation would serve no purpose 2025 Supreme(Online)(Del) 4189.
In one such case, a school teacher accused of assaulting a minor student approached the after the parties executed a settlement deed, with the minor's mother confirming no objection. The Court under Section 75 of the JJ Act, observing that the allegations lacked lasting harm and reflected a dispute of a largely civil character 2025 Supreme(Online)(Del) 4189.
of the
The power to quash in such matters flows from what is now (formerly ). The 's inherent power is distinct from the power to compound offences: even though a Section 75 offence cannot be compounded, the Court may still terminate proceedings where the demand it, weighing whether continuance would cause oppression or prejudice 2025 Supreme(Online)(Del) 4189.
Related Procedural Considerations
Several adjacent provisions often arise in cases involving children and the JJ Act:
- Remand and investigation: Where investigation is prolonged, an Investigating Officer may seek extension of the period of remand authorised by a Magistrate under the applicable remand provisions, with further extension by the where the statute permits 1977 Supreme(SRI)(SC) 2.
- Concluded proceedings: Provisions allowing juvenile status claims or special treatment in pending matters cannot be invoked to reopen or recall orders that have attained finality 2015 0 Supreme(All) 3361.
- Exclusive trial requirements: Where a particular offence is , the committing Magistrate must follow the inquiry procedure applicable to sessions-triable cases rather than attempting a summary disposal 1973 0 Supreme(Guj) 6.
Practical Points for Litigants
If you are involved in a case touching Section 75 of the JJ Act, the following points are worth noting:
- Identify the correct forum early. A standalone Section 75 matter typically proceeds before the ; a case paired with grave offences may be tried by the
SMT PHEIROIJAM NINGOL KARAM ONGBI ROMITA DEVI vs STATE OF MANIPUR AND 5 ORS
. - Bail strategy should reflect the offence's classification. Courts have recognised the offence as bailable, so custody is generally not automatic 2019 Supreme(Online)(KER) 56817.
- Settlement may still help. Although the offence is , quashing under remains a viable route where the parties have genuinely reconciled 2025 Supreme(Online)(Del) 4189.
- Check the schedule and jurisdiction. As with any statutory offence, the court's power depends on whether the specific provision appears in the schedule of offences allocated to the trying forum, and jurisdiction is judged primarily by the rather than the evidence led later 1970 0 Supreme(Raj) 53.
Key Takeaways
- An offence under is generally bailable and triable by a 2019 Supreme(Online)(KER) 56817.
- Where Section 75 is coupled with grave offences such as murder or attempt offences, the case may proceed before the
SMT PHEIROJIJAM ONGBI LONGJAM NINGOL LANDHONI DEVI vs STATE OF MANIPUR AND 5 ORS
. - The offence is , yet High Courts retain the power to quash proceedings on genuine settlements under Section 528 BNSS / Section 482 CrPC 2025 Supreme(Online)(Del) 4189.
- Jurisdictional questions are resolved by the , not by the evidence that emerges during trial 1970 0 Supreme(Raj) 53.
The information above reflects general principles drawn from judicial decisions and is intended for awareness purposes only; outcomes in individual matters may vary, and anyone facing a specific case may wish to seek advice suited to their own facts.
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