Code: Section 23 JJ Act, 2015
“(1) Notwithstanding anything contained in section 223 of the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, there shall be no joint proceedings of a child alleged to be in conflict with law, with a person who is not a child.
(2) If during the inquiry by the Board or by the Children’s Court, the person alleged to be in conflict with law is found that he is not a child, such person shall not be tried along with a child.”
Explanation of Section 23 JJ Act
Section 23 of the Juvenile Justice (Care and Protection of Children) Act, 2015, ensures that children in conflict with the law are not tried alongside adults. This provision overrides Section 223 of the Code of Criminal Procedure (CrPC), which permits joint trials. The law focuses on protecting the rights of children by separating their cases from adults.
The purpose of this section is to ensure that children receive a fair trial in a child-friendly environment. When a person alleged to be a child is found to be an adult, their case will be separated from the child’s and handled according to regular criminal procedures.
Key Points:
- Children and adults must be tried separately.
- If a person is later determined to be an adult, their trial will be handled separately from the child’s case.
- This provision ensures children are tried in a juvenile court and follow a different legal process than adults.
Illustration
Example 1: Separate Trials for Child and Adult
A 16-year-old and a 25-year-old are accused of stealing. Under normal circumstances, they could be tried together. However, Section 23 ensures that the 16-year-old will be tried in a Juvenile Justice Board, while the adult will face trial in a regular criminal court.
Example 2: Determination of Age During Inquiry
During the inquiry, the Board finds that the accused person who claimed to be 17 is actually 19. According to Section 23(2), this individual can no longer be treated as a child and will be tried in an adult court.
Common Questions and Answers on Section 23 JJ Act
1. Why are joint proceedings not allowed?
Children are treated differently in the justice system. Joint trials with adults could negatively affect a child’s chances of rehabilitation and reintegration into society.
2. What happens if someone lies about their age?
If it is discovered that the accused is not a child, they will be tried as an adult, separate from the juvenile proceedings.
3. Are there two trials for the same offense?
Yes, when a child and an adult are co-accused, they will be tried separately: the child in a juvenile court, and the adult in a regular criminal court.
4. What does CrPC Section 223 say?
CrPC Section 223 allows joint trials. However, Section 23 of the JJ Act prevents this when one of the accused is a child.
Conclusion
Section 23 of the Juvenile Justice Act helps ensure that children are tried in a manner that supports their rehabilitation. By separating children from adults in legal proceedings, the law protects the child’s best interests and prevents any undue influence from adult proceedings. This approach reinforces the purpose of the Juvenile Justice system, focusing on the child’s future and reintegration.
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