{"id":150955,"date":"2000-05-09T00:00:00","date_gmt":"2000-05-08T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/arnit-das-vs-state-of-bihar-on-9-may-2000"},"modified":"2018-05-23T12:39:53","modified_gmt":"2018-05-23T07:09:53","slug":"arnit-das-vs-state-of-bihar-on-9-may-2000","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/arnit-das-vs-state-of-bihar-on-9-may-2000","title":{"rendered":"Arnit Das vs State Of Bihar on 9 May, 2000"},"content":{"rendered":"
Supreme Court of India<\/div>\n
Arnit Das vs State Of Bihar on 9 May, 2000<\/div>\n
Author: R Lahoti<\/div>\n
Bench: K.T.Thomas, R.C.Lahoti<\/div>\n
           PETITIONER:\nARNIT DAS\n\n\tVs.\n\nRESPONDENT:\nSTATE OF BIHAR\n\nDATE OF JUDGMENT:\t09\/05\/2000\n\nBENCH:\nK.T.Thomas, R.C.Lahoti\n\n\n\n\nJUDGMENT:\n<\/pre>\n
      R.C.  Lahoti, J.\n<\/p>\n
      On  5.9.1998,  Crime  No.\t 574\/98 under  Section\t302,
\nI.P.C.\twas registered at P.S.\tKadamkuan, Patna.  According
\nto  the\t FIR,  one Abhishek was shot dead on that  day.\t  On
\n13.9.1998 the petitioner was arrested in connection with the
\nsaid  offence.\t On  14.9.1998 the petitioner  was  produced
\nbefore\tthe Additional Chief Judicial Magistrate, Patna\t who
\nafter  recording his statement under Section 164 of the Code
\nof  Criminal Procedure remanded him to Juvenile home, Patna.
\nThe  petitioner\t claimed to have been born on 18.9.1982\t and
\ntherefore a juvenile, entitled to protection of The Juvenile
\nJustice\t Act, 1986, (hereinafter The Act for short).   The
\npetitioners   claim   was  disputed  on\t  behalf   of\tthe
\nprosecution.   The A.C.J.M.  directed an enquiry to be\theld
\nunder Section 32 of the Act.  The petitioner was referred to
\nexamination by a Medical Board.\t On receipt of the report of
\nthe  Medical  Board and on receiving such other evidence  as
\nwas  adduced  on  behalf  of the  petitioner,  the  A.C.J.M.
\nconcluded  that the petitioner was above 16 years of age  on
\nthe date of the occurrence and therefore was not required to
\nbe  tried by a Juvenile Court.\tThe finding has been  upheld
\nby  the\t Sessions  Court  in appeal and the  High  Court  in
\nrevision.   The\t petitioner has filed this petition  seeking
\nleave to appeal.\n<\/p>\n
      Leave granted.\n<\/p>\n
      Two questions have arisen for consideration.  Firstly,
\nby  reference  to  which date the age of the  petitioner  is
\nrequired  to  be determined for finding out whether he is  a
\njuvenile  or not.  Secondly, whether the finding as to\tage,
\nas arrived at by the Courts below and maintained by the High
\nCourt, can be sustained.\n<\/p>\n
      Shri  U.R.  Lalit, the learned senior counsel for\t the
\nappellant  has submitted that it is the date of the  offence
\nwhich  is  crucial  for determining the age  of\t the  person
\nclaiming  to  be  juvenile while according  to\tthe  learned
\nAdditional  Solicitor  General it is the date on  which\t the
\nperson\t is  brought  before   the  competent  authority  by
\nreference  to which the age of the person is required to  be
\ndetermined so as to find whether he is a juvenile or not.\n<\/p>\n
      The  Juvenile  Justice  Act,  1986,  as  its  preamble
\nspeaks,\t is  an\t Act to provide for the\t care,\tprotection,
\ntreatment,  development\t and rehabilitation of neglected  or
\ndelinquent  juvenile  and  for the adjudication\t of  certain
\nmatters\t  relating  to,\t and   disposition  of,\t  delinquent
\njuveniles.   The statement of objects and reasons, it  will
\nbe  useful  to reproduce (with emphasis supplied by  us)  as
\nunder :-\n<\/p>\n
      A review of the working of the existing Children Acts
\nwould indicate that much greater attention is required to be
\ngiven  to children who may be found in situations of  social
\nmaladjustment,\tdelinquency or neglect.\t The justice  system
\nas available for adults is not considered suitable for being
\napplied\t to juveniles.\tIt is also necessary that a  uniform
\njuvenile  justice system should be available throughout\t the
\ncountry\t which\tshould make adequate provision\tfor  dealing
\nwith  all  aspects  in\tthe changing  social,  cultural\t and
\neconomic  situation in the country.  There is also need\t for
\nlarger\tinvolvement of informal systems and community  based
\nwelfare\t agencies  in  the   care,  protection,\t  treatment,
\ndevelopment and rehabilitation of such juveniles.\n<\/p>\n
      2.   In this context, the proposed legislation aims at
\nachieving the following objectives :-\n<\/p>\n
      (i) to lay down a uniform legal framework for juvenile
\njustice\t in the country so as to ensure that no child  under
\nany circumstances is lodged in jail or police lock-up.\tThis
\nis being ensured by establishing Juvenile Welfare Boards and
\nJuvenile Courts;\n<\/p>\n
      (ii) to provide for a specialised approach towards the
\nprevention and treatment of juvenile delinquency in its full
\nrange  in keeping with the developmental needs of the  child
\nfound in any situation of social maladjustment;\n<\/p>\n
      (iii)  to\t spell out the machinery and  infrastructure
\nrequired  for  the care, protection, treatment,\t development
\nand  rehabilitation of various categories of children coming
\nwithin\tthe purview of the juvenile justice system.  This is
\nproposed  to be achieved by establishing observation  homes,
\njuvenile homes for neglected juveniles and special homes for
\ndelinquent juveniles;\n<\/p>\n
      (iv)   to\t establish  norms   and\t standards  for\t the
\nadministration of juvenile justice in terms of investigation
\nand  prosecution,  adjudication and disposition,  and  care,
\ntreatment and rehabilitation;\n<\/p>\n
      (v)  to develop appropriate linkages and co-ordination
\nbetween\t the formal system of juvenile justice and voluntary
\nagencies  engaged  in the welfare of neglected\tor  socially
\nmaladjusted children and to specifically define the areas of
\ntheir responsibilities and roles;\n<\/p>\n
      (vi)  to\tconstitute special offences in\trelation  to
\njuveniles and provide for punishments therefor;\n<\/p>\n
      (vii)  to bring the operation of the juvenile  justice
\nsystem\tin the country in conformity with the United Nations
\nStandard  Minimum  Rule for the Administration\tof  Juvenile
\nJustice.\n<\/p>\n
      3.   As  its  various provisions come  into  force  in
\ndifferent  parts  of  the  country they\t would\treplace\t the
\ncorresponding  laws on the subject such as the Children Act,
\n1960 and other State enactments on the subject.\n<\/p>\n
      The Bill seeks to achieve the above objects.\n<\/p>\n
      Clause (h) of Section 2 of the Act defines juvenile as
\nunder  :- 2.  Definitions.- In this Act, unless the context
\notherwise requires, –\n<\/p>\n
      xxx xxx xxx xxx<\/p>\n
      (h)  juvenile  means a boy who has not attained  the
\nage  of sixteen years or a girl who has not attained the age
\nof eighteen years;\n<\/p>\n
      Section 3 provides where an enquiry has been initiated
\nagainst\t a juvenile and during the course of such enquiry  a
\njuvenile  ceases to be such, then, notwithstanding  anything
\ncontained in this Act or any other law for the time being in
\nforce,\tthe enquiry may be continued and orders may be\tmade
\nin  respect of such persons as if such person had  continued
\nto be a juvenile.  Chapter II of the Act speaks of competent
\nauthorities  and institutions for juveniles such as Juvenile
\nWelfare\t Boards,  Juvenile Courts, Juvenile  homes,  Special
\nhomes,\tObservation  homes   and  After-care  organisations.
\nChapter\t III makes provision for neglected juveniles wherein
\nis   also   included  Section  17   making   provision\t for
\nuncontrollable\tjuveniles.  Chapter IV deals with delinquent
\njuveniles.   Provisions\t contained  in\tSections  18  to  26
\nprovide\t for  bail  and\t custody of juvenile  accused  of  a
\nbailable  or  non- bailable offence, the manner\t of  dealing
\nwith  them  and the orders that may be passed  regarding  or
\nagainst\t delinquent  juveniles.\t Proceedings  under  Chapter
\nVIII  of  the Code of Criminal Procedure are  not  competent
\nagainst\t juvenile.   A juvenile and a person not a  juvenile
\ncannot\tbe  jointly tried.  No disqualification attaches  to
\nconviction  of\ta  juvenile for any offence under  any\tlaw.
\nThen there are special provisions contained in Section 26 as
\nto  proceedings in respect of juveniles pending in any Court
\non  the\t date  of coming into force of the Act.\t  Chapter  V
\n(Sections  27  to  40)\tlay   down  procedure  of  competent
\nauthorities   generally\t under\tthe   Act  and\tappeals\t and
\nrevisions  from\t orders\t of such  authorities.\t Chapter  VI
\n(Sections 41 to 45) provides for special offences in respect
\nof  juveniles.\t Chapter  VII (Sections 46 to  63)  contains
\nmiscellaneous provisions.\n<\/p>\n
      It is pertinent to note that neither the definition of
\njuvenile  nor  any  other  provision contained\tin  the\t Act
\nspecifically provides the date by reference to which the age
\nof  a  boy or a girl has to be determined so as to find\t out
\nwhether he or she is a juvenile or not.\n<\/p>\n
      The  learned  Additional Solicitor  General  submitted
\nthat  the  answer  is to be found in Section 32 of  the\t Act
\nwhich reads as under :-\n<\/p>\n
      32.   Presumption\t and determination of age.     (1)
\nWhere  it  appears  to a competent authority that  a  person
\nbrought\t before\t it under any of the provisions of this\t Act
\n(otherwise  than  for the purpose of giving evidence)  is  a
\njuvenile,  the competent authority shall make due enquiry as
\nto  the\t age of that person and for that purpose shall\ttake
\nsuch evidence as may be necessary and shall record a finding
\nwhether\t the person is a juvenile or not, stating his age as
\nnearly as may be.\n<\/p>\n
      (2)  No order of a competent authority shall be deemed
\nto  have become invalid merely by any subsequent proof\tthat
\nthe person in respect of whom the order has been made is not
\na  juvenile, and the age recorded by the competent authority
\nto  be the age of the person so brought before it shall, for
\nthe  purpose  of this Act, be deemed to be the true  age  of
\nthat person.\n<\/p>\n
      It  is  submitted by the learned Additional  Solicitor
\nGeneral that order of the competent authority has been given
\na  finality subject to decision in appeal and\/or revision as
\nregards\t the  age  of that person and  the  jurisdiction  to
\nrecord\tthat  finding commences when the person\t is  brought
\nbefore\tit.  It is this expression which provides the  vital
\nclue  to  the  date by reference to which the age is  to  be
\ndetermined.\n<\/p>\n
      There  are several provisions in the Act which provide
\nfor  first  appearance\tof the person before  the  competent
\nauthority.   Competent Authority has been defined in  Clause\n<\/p>\n
(d)  of\t Section  2  to\t  mean,\t in  relation  to  neglected
\njuveniles,  a  Juvenile\t Welfare   Board  constituted  under
\nSection\t 4  of\tthe  Act  and,\tin  relation  to  delinquent
\njuveniles,  Juvenile  Court  and  where\t no  such  Board  or
\nJuvenile  Court\t has  been constituted, includes  any  Court
\nempowered under sub-section (2) of Section 7 to exercise the
\npowers\tconferred  on  a Board or a Juvenile  Court.   Under
\nsub-section  (2)  of Section 7, where no Board\tor  Juvenile
\nCourt  has  been  constituted  for   any  area,\t the  powers
\nconferred on the Board or the Juvenile Court by or under the
\nAct  shall  be\texercised  in  that  area  by  the  District
\nMagistrate   or\t the  Sub-Divisional   Magistrate   or\t any
\nMetropolitan  Magistrate or Judicial Magistrate of the First
\nClass,\tas  the\t case may be.  The powers conferred  on\t the
\nBoard  or  Juvenile Court may also be exercised by the\tHigh
\nCourt  and the Court of Sessions, when the proceeding  comes
\nbefore them in appeal, revision or otherwise.\n<\/p>\n
      The  scheme of the Act contemplates its  applicability
\ncoming\tinto  play  only when the person may  appear  or  be
\nbrought\t before\t the competent authority.  Under Section  8,
\nwhen  any Magistrate not empowered to exercise the powers of
\nthe  Board  or Juvenile Court under this Act is\t of  opinion
\nthat  the  person  brought  before  him\t under\tany  of\t the
\nprovisions  of\tthis Act (otherwise then for the purpose  of
\ngiving evidence) is a juvenile, he shall record such opinion
\nand forward the juvenile and the record of the proceeding to
\nthe  competent\tauthority  having   jurisdiction  over\t the
\nproceeding.  The competent authority to which the proceeding
\nis  so\tforwarded shall hold the enquiry as if the  juvenile
\nhad originally been brought before it.\n<\/p>\n
      Under  Section  18,  when\t any  person  accused  of  a
\nbailable  or non-bailable offence and apparently a  juvenile
\nis  arrested  or detained or appears or is brought before  a
\nJuvenile  Court, such person shall, notwithstanding anything
\ncontained in the Code of Criminal Procedure, or in any other
\nlaw for the time being in force, be released on bail with or
\nwithout\t surety unless there appears reasonable grounds\t for
\nbelieving  that\t the  release  is likely  to  bring  him  in
\nassociation  with any known criminal or expose him to  moral
\ndanger or that his release would defeat the ends of justice.
\nIn  the\t latter\t case,\tthe  person has to  be\tkept  in  an
\nobservation  home  or  a  place of safety until\t he  can  be
\nbrought\t before a Juvenile Court.  The Juvenile Court if not
\nreleasing  the person on bail must not commit him to  prison
\nbut  send  him to an observation home or a place  of  safety
\nduring\tthe  pendency  of  the enquiry\tbefore\thim.   Under
\nSection 20, where a juvenile charged with an offence appears
\nor  is produced before a Juvenile Court, the Juvenile  Court
\nshall  hold an enquiry in accordance with the provisions  of
\nSection\t 39.  A reading of all these provisions referred  to
\nherein\tabove makes it very clear that an enquiry as to\t the
\nage  of the juvenile has to be made only when he is  brought
\nor appears before the competent authority.  A Police Officer
\nor a Magistrate who is not empowered to act or cannot act as
\na  competent authority has to merely form an opinion  guided
\nby  the\t apparent  age\tof the person and in  the  event  of
\nforming\t an opinion that he is a juvenile, he has to forward
\nhim  to\t the competent authority at the earliest subject  to
\narrangements for keeping in custody and safety of the person
\nhaving\tbeen  made  for\t the duration of  time\telapsing  in
\nbetween.   The\tcompetent  authority shall proceed  to\thold
\nenquiry\t as  to the age of that person for  determining\t the
\nsame  by  reference  to the date of the\t appearance  of\t the
\nperson before it or by reference to the date when person was
\nbrought\t before\t it under any of the provisions of the\tAct.
\nIt  is irrelevant what was the age of the person on the date
\nof  commission\tof  the offence.  Any  other  interpretation
\nwould  not fit in the scheme and phraseology employed by the
\nParliament in drafting the Act.\n<\/p>\n
      The  use of the word is at two places in sub-section
\n(1)  of\t Section 32 of the Act read in conjunction  with  a
\nperson\tbrought before it also suggests that the  competent
\nauthority  is required to record the finding by reference to
\nan  event  in presenti before it, i.e.\tby reference to\t the
\ndate  when  the\t person\t is brought before  it\tand  not  by
\nreference  to  a  remote event i.e.  the date on  which\t the
\noffence was committed.\n<\/p>\n
      Prior  to\t the enactment of the Juvenile Justice\tAct,
\n1986  there were several laws prevailing in different States
\nand the need for a uniform legislation for juveniles for the
\nwhole of India was expressed in various forums including the
\nParliament.   Such uniform legislation was not being enacted
\non  the ground that the subject matter of such a legislation
\nfell  in  the  State  List of the  Constitution.   The\tU.N.
\nStandard  Minimum  Rules for the administration of  juvenile
\njustice\t enabled the Parliament exercising its powers  under
\nArticle\t 253  of the Constitution read with entry 14 of\t the
\nUnion  List to make any law for the whole of India to fulfil
\ninternational  obligations  (see  Treatise on  the  Juvenile
\nJustice\t Act by Ved Kumari, Indian Law Institute, New Delhi,
\np.5).\tThe  said  United Nations  Standard  Minimum  Rules,
\ncalled\tBeijing\t Rules, adopted by the General\tAssembly  in
\n1985 vide Chapter 2 & 5 of Part-I provide as under:-\n<\/p>\n
      2.  Scope of the Rules and definitions used<\/p>\n
      2.1  The\tfollowing  Standard Minimum Rules  shall  be
\napplied\t  to   juvenile\t  offenders   impartially,   without
\ndistinction  of\t any kind, for example as to  race,  colour,
\nsex,  language,\t religion,  political\tor  other  opinions,
\nnational or social origin, property, birth or other status.\n<\/p>\n
      2.2  For\tpurposes  of   these  Rules,  the  following
\ndefinitions  shall  be applied by Member States in a  manner
\nwhich  is compatible with their respective legal systems and
\nconcepts:\n<\/p>\n
      (a)  A juvenile is a child or young person who,  under
\nthe  respective\t legal\tsystems, may be dealt  with  for  an
\noffence in a manner which is different from an adult.\n<\/p>\n
      (b) An offence is any behaviour (act or omission) that
\nis punishable by law under the respective legal systems;\n<\/p>\n
      (c) A juvenile offender is a child or young person who
\nis  alleged to have committed or who has been found to\thave
\ncommitted an offence.\n<\/p>\n
      2.3  Efforts  shall  be  made to\testablish,  in\teach
\nnational  jurisdiction, a set of laws, rules and  provisions
\nspecifically   applicable   to\t  juvenile   offenders\t and
\ninstitutions  and bodies entrusted with the functions of the
\nadministration of juvenile justice and designed :\n<\/p>\n
      (a)  to meet the varying needs of juvenile  offenders,
\nwhile protecting their basic rights;\n<\/p>\n
      (b) to meet the needs of society;\t and<\/p>\n
      (c)  to  implement the following rules thoroughly\t and
\nfairly.\n<\/p>\n
      xxx xxx xxx xxx<\/p>\n
      xxx xxx xxx xxx<\/p>\n
      5.  Aims of juvenile justice<\/p>\n
      5.1  The\tjuvenile justice system shall emphasize\t the
\nwell-being  of\tthe  juvenile  and  shall  ensure  that\t any
\nreaction to juvenile offenders shall always be in proportion
\nto the circumstances of both the offenders and the offence.\n<\/p>\n
      [Source\t Juvenile Justice Act by Asutosh  Mookerjee
\npublished by S.C.  Sarkar & Sons, pp.  20-21]<\/p>\n
      The  term\t juvenile  justice  before  the\t onset\tof
\ndelinquency may refer to social justice;  after the onset of
\ndelinquency,  it  refers to justice in its normal  juridical
\nsense.\t (See\tJuvenile Justice :  Before and\tafter  the
\nonset  of  delinquency,\t working   paper  prepared  by\tthe
\nSecretariat  for  6th  U.N.  Congress on the  Prevention  of
\nCrime  and  the Treatment of Offenders, quoted at page 4  of
\nThe  Treatise, Ved Kumari, ibid).  The Juvenile Justice\t Act
\nprovides  for  justice after the onset of delinquency.\t The
\nsocietal  factors  leading to birth of delinquency  and\t the
\npreventive  measures which would check juvenile\t delinquency
\nlegitimately  fall within the scope of social justice.\tOnce
\na  boy\tor  a  girl  has assumed  delinquency,\this  or\t her
\ntreatment  and trial at the hands of justice delivery system
\nis  taken care of by the provisions of the Juvenile  Justice
\nAct.   The view so taken finds support from the preamble  to
\nthe  Act  and  the statement of objects\t and  reasons.\t The
\npreamble speaks for the Act making provisions for the things
\npost-  delinquency.   Several  expressions employed  in\t the
\nstatement  of objects and reasons vocally support this view.
\nThe  Act  aims\tat laying down a  uniform  juvenile  justice
\nsystem\tin  the country avoiding lodging in jail  or  police
\nlock-up\t  of  child;   and   providing\tfor  prevention\t and
\ntreatment  of  juvenile delinquency, for  care,\t protection,
\netc.   post-  juvenility.  In short the field sought  to  be
\ncovered\t by the Act is not the one which had led to juvenile
\ndelinquency  but the field when juvenile having committed  a
\ndelinquency  is\t placed\t for  being   taken  care  of  post-
\ndelinquency.\n<\/p>\n
      During  the  course  of  hearing, the  Court  posed  a
\nquestion to Shri U.R.  Lalit, the learned senior counsel for
\nthe appellant  What happens if a boy or a girl of just less
\nthan  16  or  18 years of age commits an  offence  and\tthen
\nleaves the country or for any reasons neither appears nor is
\nbrought\t before\t the  competent authority until\t he  or\t she
\nattains\t the  age of say 50 years ?  If\t the  interpretation
\nsuggested  by  the learned senior counsel for the  appellant
\nwere  to be accepted, he shall have to be sent to a juvenile
\nhome, special home or an observation home or entrusted to an
\nafter  care  organisation where there would all be boys\t and
\ngirls  of  less\t than 16 or 18 years of age.   Would  he  be
\nrequired  to  be  dealt\t by a Juvenile Welfare\tBoard  or  a
\nJuvenile  Court ?  The learned senior counsel, with all\t the
\nwits  at his command, had no answer till the end and had  to
\ngive  up  ultimately.\tWe are, therefore,  clearly  of\t the
\nopinion\t that the procedure prescribed by the provisions  of
\nthe  Act has to be adopted only when the competent authority
\nfinds the person brought before it or appearing before it is
\nfound  to  be  under 16 years of age if a boy and  under  18
\nyears  of  age if a girl on the date of being so brought  or
\nsuch  appearance first before the competent authority.\t The
\ndate  of the commission of offence is irrelevant for finding
\nout  whether the person is a juvenile within the meaning  of
\nClause (h) of Section 2 of the Act.  If that would have been
\nthe  intendment of the Parliament, nothing had prevented  it
\nfrom saying so specifically.\n<\/p>\n
      Section  3  of  the Act also provides a  clue  to\t the
\nlegislative  intent.   It provides for an enquiry  initiated
\nagainst the juvenile being continued and orders made thereon
\neven  if such person had ceased to be a juvenile during\t the
\ncourse\tof  such enquiry.  There would have been no need  of
\nenacting  Section  3 if only the age of the  juvenile  would
\nhave  been  determinable  by reference to the  date  of\t the
\noffence.\n<\/p>\n
      Shri  U.R.  Lalit, the learned senior counsel for\t the
\nappellant  invited our attention to Santanu Mitra v.   State
\nof  W.B.<\/a>  1998 (5) SCC 697, Bhola Bhagat v.  State of  Bihar<\/a>
\n1997  (8) SCC 720 and Gopinath Ghosh v.\t State of W.B.\t1984
\nSupp.\tSCC 228 and to a number of other decisions which  we
\ndo not propose to catalogue separately for most of them have
\nbeen referred to in paras 14 and 15 of the decision in Bhola
\nBhagat\t(Supra).  What has been emphasized by Shri Lalit  is
\nthat  in  all these cases the question whether\tthe  person,
\narrayed\t as  accused\/appellant\tbefore\t the  Court,  was  a
\njuvenile or not was decided by taking into consideration the
\nage of the accused on the date of the occurrence or the date
\nof the commission of the offence.  We have carefully pursued
\nall these decisions.  In all these cases the counsel for the
\ncontesting   parties  before  the   Court  have\t made  their
\nsubmissions by assuming that the date of the offence was the
\nrelevant  date\tfor  determining the age  of  the  juvenile.
\nAccordingly  this  Court, having examined the facts of\teach
\ncase, recorded a finding as to the age of the accused on the
\ndate  of the occurrence of the offence.\t Generally  speaking
\nthese  cases  are authorities for the propositions that\t (i)
\nthe  technicality  of  the accused having  not\tclaimed\t the
\nbenefit of the provisions of the Juvenile Justice Act at the
\nearliest  opportunity  or  before any of  the  Courts  below
\nshould\t not,  keeping\tin  view   the\tintendment  of\t the
\nlegislation,  come in the way of the benefit being  extended
\nto the accused appellant even if the plea was raised for the
\nfirst  time  before  this   Court;   (ii)  a  hypertechnical
\napproach  should  not  be  adopted  while  appreciating\t the
\nevidence  adduced on behalf of the accused in support of the
\nplea that he was a juvenile and if two views may be possible
\non  the\t same evidence, the Court should lean in  favour  of
\nholding\t the accused to be a juvenile in border line  cases;
\nand  (iii) the provisions of the Act are mandatory and while
\nimplementing  the provisions of the Act, those charged\twith
\nresponsibilities  of implementation should show\t sensitivity
\nand  concern for a juvenile.  However, in none of the  cases
\nthe specific issue  by reference to which date (the date of
\nthe  offence or the date of production of the person  before
\nthe  competent authority), the Court shall determine whether
\nthe  person  was a juvenile or not, was neither\t raised\t nor
\ndecided.\n<\/p>\n
      A\t decision not expressed, not accompanied by  reasons
\nand  not  proceeding on conscious consideration of an  issue
\ncannot\tbe  deemed  to be a law declared to have  a  binding
\neffect\tas  is contemplated by Article 141.  That which\t has
\nescaped in the judgment is not ratio decidendi.\t This is the
\nrule  of  sub-silentio,\t in  the   technical  sense  when  a
\nparticular  point  of  law was not  consciously\t determined.
\n(See  State of U.P.  Vs.  Synthetics & Chemicals Ltd.\t1991
\n(4) SCC 138, para 41).\n<\/p>\n
      Full  Bench decision of the High Court of Calcutta  in
\nDilip  Saha Vs.\t State of West Bengal  AIR1978 Calcutta 529
\nand  Full  Bench decision in Krishna Bhagwan Vs.   State  of
\nBihar\t AIR 1989 Patna 217 were strongly relied on by\tthe
\nlearned\t senior\t counsel,  Shri Lalit  submitting  that\t the
\nquestion  specifically arising for consideration before this
\nCourt was also before the two High Courts.  We have examined
\nthe  two decisions.  In Dilip Saha (supra) the Calcutta High
\nCourt,\tinterpreting the provisions of WB children Act, 1959
\nwhich  is a pari materia enactment, has taken the view\tthat
\nthe  age of the accused at the time of the commission of the
\noffence is the relevant age for attracting the provisions of
\nthe  WB\t Children Act, 1959 and not his age at the  time  of
\ntrial.\t Vide paras 22 to 24 the Full Bench has assigned two
\nreasons\t for taking the view which it has done which in\t our
\nopinion are both erroneous.  One reason is that according to
\nSection\t 24 of that Act a child cannot be sentenced to death
\nor  ordinarily\tto imprisonment then denying the benefit  of
\nthe provisions of the Act to a person who was a child on the
\ndate  of the offence but had ceased to be so on the date  of
\ncommencement  of  the  inquiry or trial, may result  in\t the
\nchild  being  sentenced\t to death or imprisonment  for\tlife
\nconsequent  upon  his  being  held  guilty  which  would  be
\nviolative  of  Article\t20  (1) of  the\t Constitution  which
\nprohibits  any\tperson on conviction for any  offence  being
\nsubjected  to  a penalty greater than that which might\thave
\nbeen  inflicted\t under the law in force at the time  of\t the
\ncommission  of\tthe offence.  The High Court has  overlooked
\nthat  Article 20 (1) of the Constitution would be  attracted
\nonly  if  the  applicability of the Act\t was  determined  by
\nreference  to  the  date  of  the  offence  but\t if  it\t was
\ndetermined  by reference to the date of the commencement  of
\nthe  inquiry  or trial then Article 20 (1) would not  apply.
\nThe  second  reason assigned by the High Court is  that\t the
\nInvestigating  Officer\tmay  by delaying  investigation\t and
\nputting up of the accused for trial deny the accused benefit
\nof  the provisions of the Act and thereby defeat the  object
\nand  purpose  of  the Act.  Suffice it to say that  such  an
\noccasion  would\t not  arise  at\t  all  because\tbefore\t the
\ncommencement  of the trial there would be some point of time
\nwhen  the  accused  shall  have to  be\tbrought\t before\t the
\ncompetent  authority and that date would be determinative of
\nthe  fact whether the accused was a juvenile or not.  As  to
\nKrishna\t Bhagwans case decided by Patna High Court  suffice
\nit  to observe that the opening part of the judgment  itself
\nindicates  that\t the  question\tposed before us\t was  not  a
\nquestion  arising before the High Court.  The two  questions
\nconsidered  and\t answered by the High Court were  different.
\nThe  High Court was seized of the issues as to what would be
\nthe impact of the event of the child ceasing to be so before
\nthe conclusion of the trial and the effect of the plea under
\nthe  Juvenile Justice Act, 1986 having not been taken before
\nthe  trial court and the trial having proceeded oblivious of
\nthe  provisions of the Act.  During the course of discussion
\nthe Full Bench has observed that the juvenile is one who was
\nbelow  a  certain age on the date of the commission  of\t the
\noffence\t but the observation is also based on an  assumption
\nand  is\t certainly not a point deliberated upon\t before\t the
\nHigh Court.\n<\/p>\n
      All  this exercise would have been avoided if only the
\nLegislature  would have taken care not to leave an ambiguity
\nin  the\t definition  of\t juvenile  and\twould  have  clearly
\nspecified  the\tpoint of time by reference to which the\t age
\nwas  to\t be  determined to find a person  a  juvenile.\t The
\nambiguity  can be resolved by taking into consideration\t the
\nPreamble  and  the  Statement of Objects and  Reasons.\t The
\nPreamble  suggests  what the Act was intended to deal  with.
\nIf the language used by Parliament is ambiguous the Court is
\npermitted  to  look  into the preamble\tfor  construing\t the
\nprovisions  of an Act (M\/s.  Burrakur Coal Co.\tLtd.  & M\/s.
\nEast  Indian  Coal  Co.\t Ltd.  Vs.  The Union of  India\t and
\nothers,\t AIR 1961 SC 954).  A preamble of a statute has been
\nsaid  to be a good means of finding out its meaning and,  as
\nit  were, the key of understanding of it, said this Court in
\nA.   Thangal Kunju Musaliar Vs.\t M.  Venkatachalam Potti AIR
\n1958  SC  246.\t The  Preamble\tis  a  key  to\tun-lock\t the
\nlegislative  intent.  If the words employed in an  enactment
\nmay  spell a doubt as to their meaning it would be useful to
\nso  interpret  the  enactment as to harmonise  it  with\t the
\nobject\twhich  the  Legislature\t had   in  its\tview.\t The
\nLegislative  aims and objectives set out in the earlier part
\nof  this judgment go to show that this Legislation has\tbeen
\nmade  for taking care of the care and custody of a  juvenile
\nduring\tinvestigation, inquiry and trial, i.e., from a point
\nof   time  when\t the  juvenile\tis  available  to  the\t law
\nadministration\tand  justice delivery system;  it  does\t not
\nmake  any  provision for a person involved in an offence  by
\nreference  to  the date of its commission by him.  The\tlong
\ntitle of the Act too suggests that the content of the Act is
\nthe justice aspect relating to juveniles.\n<\/p>\n
      We  make\tit  clear that we have not  dealt  with\t the
\nprovisions  of\tChapter VI dealing with special offences  in
\nrespect\t of  juveniles.\t Prima facie, we feel that the\tview
\nwhich  we  have\t taken would create no\tdifficulty  even  in
\nassigning  meaning  to\tthe term juvenile  as  occurring  in
\nChapter\t VI(Sections 41 to 45) of the Act because a juvenile
\ncovered\t by any of these provisions is likely to fall within
\nthe  definition\t of neglected juvenile as defined in  clause\n<\/p>\n
(l)  of Section 2 who shall also have to be dealt with by  a
\nJuvenile  Board\t under Chapter III of the Act and  the\tview
\ntaken by us would hold the field there as well.\t However, we
\nexpress no opinion on the scope of Chapter VI of the Act and
\nleave  that  aspect to be taken care of in a suitable  case.
\nAt  any rate in the present context we need not vex our mind
\non  that  aspect.   Section 2 which defines  juvenile  and
\nneglected  juvenile itself begins by saying that the words
\ndefined\t therein would have the assigned meaning unless the
\ncontext\t otherwise requires.  So far as the present context
\nis  concerned we are clear in our mind that the crucial date
\nfor determining the question whether a person is juvenile is
\nthe date when he is brought before the competent authority.\n<\/p>\n
      So  far  as  the\tfinding regarding  the\tage  of\t the
\nappellant  is  concerned  it  is based\ton  appreciation  of
\nevidence  and arrived at after taking into consideration  of
\nthe  material  available on record and valid reasons  having
\nbeen assigned for it.  The finding arrived at by the learned
\nA.C.J.M.   has\tbeen  maintained by the\t Sessions  Court  in
\nappeal\tand  the  High Court in revision.  We find  no\tcase
\nhaving been made out for interfering therewith.\n<\/p>\n
      For the foregoing reasons the appeal is dismissed.<\/p>\n","protected":false},"excerpt":{"rendered":"
Supreme Court of India Arnit Das vs State Of Bihar on 9 May, 2000 Author: R Lahoti Bench: K.T.Thomas, R.C.Lahoti PETITIONER: ARNIT DAS Vs. RESPONDENT: STATE OF BIHAR DATE OF JUDGMENT: 09\/05\/2000 BENCH: K.T.Thomas, R.C.Lahoti JUDGMENT: R.C. Lahoti, J. On 5.9.1998, Crime No. 574\/98 under Section 302, I.P.C. was registered at P.S. Kadamkuan, Patna. According […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[30],"tags":[],"class_list":["post-150955","post","type-post","status-publish","format-standard","hentry","category-supreme-court-of-india"],"yoast_head":"\nArnit Das vs State Of Bihar on 9 May, 2000 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/arnit-das-vs-state-of-bihar-on-9-may-2000\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Arnit Das vs State Of Bihar on 9 May, 2000 - Free Judgements of Supreme Court & High Court | Legal India\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.legalindia.com\/judgments\/arnit-das-vs-state-of-bihar-on-9-may-2000\" \/>\n<meta property=\"og:site_name\" content=\"Free Judgements of Supreme Court & High Court | Legal India\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/LegalindiaCom\/\" \/>\n<meta property=\"article:published_time\" content=\"2000-05-08T18:30:00+00:00\" \/>\n<meta property=\"article:modified_time\" content=\"2018-05-23T07:09:53+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/i0.wp.com\/www.legalindia.com\/judgments\/wp-content\/uploads\/sites\/5\/2025\/09\/legal-india-icon.jpg?fit=512%2C512&ssl=1\" \/>\n\t<meta property=\"og:image:width\" content=\"512\" \/>\n\t<meta property=\"og:image:height\" content=\"512\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"author\" content=\"Legal India Admin\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:creator\" content=\"@legaliadmin\" \/>\n<meta name=\"twitter:site\" content=\"@Legal_india\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Legal India Admin\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"25 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/arnit-das-vs-state-of-bihar-on-9-may-2000#article\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/arnit-das-vs-state-of-bihar-on-9-may-2000\"},\"author\":{\"name\":\"Legal India Admin\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#\\\/schema\\\/person\\\/0bfdffe9059fb8bb24a86d094609c5ea\"},\"headline\":\"Arnit Das vs State Of Bihar on 9 May, 2000\",\"datePublished\":\"2000-05-08T18:30:00+00:00\",\"dateModified\":\"2018-05-23T07:09:53+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/arnit-das-vs-state-of-bihar-on-9-may-2000\"},\"wordCount\":5004,\"commentCount\":0,\"publisher\":{\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/#organization\"},\"articleSection\":[\"Supreme Court of India\"],\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"CommentAction\",\"name\":\"Comment\",\"target\":[\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/arnit-das-vs-state-of-bihar-on-9-may-2000#respond\"]}]},{\"@type\":\"WebPage\",\"@id\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/arnit-das-vs-state-of-bihar-on-9-may-2000\",\"url\":\"https:\\\/\\\/www.legalindia.com\\\/judgments\\\/arnit-das-vs-state-of-bihar-on-9-may-2000\",\"name\":\"Arnit Das vs State Of Bihar on 9 May, 2000 - 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