Child In Conflict With Law Being Treated As Adult Can't Be Tried Jointly With Adult Offender: Delhi High Court

The Delhi High Court has ruled that the trial proceedings of a child alleged to be in conflict with law and an adult offender cannot be held jointly after a preliminary assessment of Juvenile Justice Board (JJB) is done declaring the child in conflict with law to be psychologically and physically mature.

“Therefore, in the opinion of this Court, as per plain reading of Section 23 of JJ Act, and even by the dissection given above, there can be no doubt that joint trials ought not to be held between a child in conflict with law (being tried as an adult) and an adult offender,” Justice Anish Dayal said.

Section 23 states prohibits joint proceedings of child in conflict with law and person not a child (adult). It further states that if, during the inquiry by the JJB or by 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.

The Court noted that the provision uses the word 'shall' in order to highlight the prohibition which has been contemplated against any joint proceeding of child in conflict with law and 'a person not a child'.

It further noted that Section 23 contemplates two distinct categories of persons, one- a 'child in conflict with law' who must have not completed 18 years at the date of offence and second- a person who is not a child i.e. who is 18 years and above.

“Once having reached a conclusion that the offender is a child or an adult, Section 23(2) of JJ Act would kick in and trial of the adult would have to be separated, notwithstanding that they have been accused of the same offence committed in the course of same transaction,” the Court said.

It added that to contend that a child can be tried in court along with an adult would render the prohibition under Section 23 of JJ Act nugatory, otiose and redundant, which cannot be permitted.

Justice Dayal was dealing with a revision petition filed by a child in conflict with law challenging a trial court order dismissing his application seeking to stop the ongoing joint proceedings or trial with adult accused in a murder case.

The adult accused and child in conflict with law, both students of a boys' school, were accused of causing injuries to a teacher with knife who was later declared dead in the hospital.

Allowing the revision petition, the Court set aside the trial court order to the extent that the trial of the child in conflict with law would be held separately from that of the adult co-accused.

“Considering the prohibition is to 'joint proceedings', there can be no doubt that the CCL must be tried independently from the adult offender and the recording of evidence relating to the rest of the witnesses and the final tail end of the trial including the arguments, ought to be conducted independently,” the Court concluded.

Title: CCL 'K' v. THE STATE (NCT OF DELHI)

Citation: 2025 LiveLaw (Del) 263

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