Chapter III
Section 27 CrPC: Jurisdiction in the case of juveniles
New Law Update (2024)
Section 22 BNSS
TRIAL COURT
Court of a Chief Judicial Magistrate, or any Court specially empowered under the Children Act, 1960, or any other law for youthful offenders
Punishment
Procedural / Administrative
Cognizable?
Bailable?
Compoundable?
Bare Act Text
Any offence not punishable with death or imprisonment for life, committed by any person who at the date when he appears or is brought before the Court is under the age of sixteen years, may be tried by the Court of a Chief Judicial Magistrate, or by any Court specially empowered under the Children Act, 1960 (60 of 1960), or any other law for the time being in force providing for the treatment, training and rehabilitation of youthful offenders.
Important Sub-Sections Explained
Landmark Judgements
Pratap Singh v. State of Jharkhand (2005):
The Supreme Court clarified that the crucial date for determining the age of juvenility is the date of the commission of the offence, and not the date when the accused is produced before the court, thereby impacting the application of Section 27 CrPC in light of the Juvenile Justice Act.
Jitendra Singh v. State of U.P. (2010):
This judgment reiterated the importance of determining juvenility strictly according to the Juvenile Justice Act and Rules, emphasizing that the benefit of juvenility must be granted if the age is established as per the special law.
Krishna Bhagwan v. State of Bihar (1989):
The Apex Court held that special laws like the Children Act, 1960 (or similar state enactments) take precedence over the general provisions of the Code of Criminal Procedure, including Section 27, when dealing with the trial and treatment of youthful offenders.