JJ Act | Appeal Against Preliminary Assessment Order Maintainable Before Children's Court, Not Sessions Court: Supreme Court

In a recent decision, the Supreme Court held that the appeal against the preliminary assessment order of the Juvenile Justice Board (JJB) under Section 101(2) of JJ Act, 2015 would be filed before the 'Children's Court' if the Children's court is available despite the existence of the Sessions Court. Giving a conjoint reading to the provisions of JJ Act, 2025 and Juvenile Justice Model Rules, 2016, the Bench comprising Justices CT Ravikumar and Rajesh Bindal observed that once the children's court is available, then despite the existence of the sessions court, the appeal under Section 101(2) would be preferred before the Children's Court.“From a conjoint reading of the aforesaid provisions of the Act and the 2016 Rules, in our opinion, wherever words 'Children's Court' or the 'Sessions Court' are mentioned both should be read in alternative. In the sense that the Children's Court is available, even if the appeal is said to be maintainable before the Sessions Court, it has to be considered by the Children's Court. Whereas where no Children's Court is available, the power is to be exercised by the Sessions Court.”, the judgment said. Section 101(2) of the JJ Act provides that against an order passed by the Board after preliminary assessment under Section 15 of the Act, the appeal is maintainable before the Court of Sessions. Here, the word Children's Court is not mentioned. The court opined that the words 'sessions court' and 'children's court' ought to be used interchangeably. This means thereby, where the children's court is not established then the appeal would be preferred before the sessions court, however, where the children's court is established then despite maintainability of the appeal under Section 101(2) before the Sessions Court, the appeal would be preferred before the Children's Court. “'Children's Court' has been defined in the Act in Section 2(20) to mean the Court established under the 2005 Act or a Special Court established under the 2012 Act. Where such Courts are not existing, the Court of Sessions shall have jurisdiction to try the offence under the Act. Meaning thereby the Presiding Officer of the Children's Court and the Court of Sessions have been put in same bracket. There is no doubt with the proposition that a Sessions Judge would include an Additional Sessions Judge as well.”, the court observed.Also from the judgment : JJ Act | 3 Months Time Limit For Preliminary Assessment Of Juvenile As Per Sec. 14(3) Not Mandatory: Supreme CourtSupreme Court Prescribes 30 Days Time Limit To Prefer Appeal Against Juvenile Justice Board Preliminary Assessment OrderCase Title: CHILD IN CONFLICT WITH LAW THROUGH HIS MOTHER VERSUS THE STATE OF KARNATAKA AND ANOTHERCitation : 2024 LiveLaw (SC) 353Click here to read/download the judgment

JJ Act | Appeal Against Preliminary Assessment Order Maintainable Before Children's Court, Not Sessions Court: Supreme Court

Yash Mittal

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