High Court of Punjab and HaryanaCRM-M/17856/2020disposed of

Jatin v. State Of Punjab

2024-05-29Mr. Justice Gurmeet Singh Sandhawalia,Ms. Justice Lapita Banerji45 pages

! "

!" !

%&%'(%)*$+ ,

-.%*/%0#&#*$+ ", ,

+ 12,3 ,3,3 42 123,3 2

! "!# $%

%& % !

%" ' !

( % !

" !

%) !

* !

%) %$ !

* ) !

&%#%%) !

%% *% !

%)) !

* ! + %

$ (%) ! (

),'

(& .

' ! (

),'

*% ) ! (

)

,3,3 42 ,

%)) // $%) & & !

) &) & &% " )' )! ' ) & ) 0/1#

# !

)! & $%

* ') &) & %# $ - ) !

# #%) !-23 % 4% -23 !4 -

) &) & -2-2 % !) & $%)

& %

$%!%

*% )& $

% $ $ &% ) &

* ) $ # $ ) * !

$%!% !) % .

!% &"

#)!,&%# #%%&%,&%# $%!%$

) )'% " $ )!

!% &% ) $%) 5 &% "

& )

$% '% %

! &

$% !)) $ '% !

0/1-#

# ) )' ! % )

!) '

) &) & % $%

)" !)"5$%!% !

& % &

-6 2/ -22/ % % ! '% & %7.

%) %$%!%% % ! '% !%

! 5 -$% $ ) +8 / 2:

2- -2-2 &

# .!) % /-//-00-60301 0;8 #) & '

/26 8 # %

)

) & ) %

" % ! ' ) )! % & % %

) &$% "

$% )'$ "

% )$) ")' ! !

= )$) ! ! % !

") $%!%%

!) &

& )

% & $))& & !

!! $ '

' $ % & " % % ! ) & !! $% ) '

) )'% !"

) %# $% '% " $&

21 -2-2$%) &% !

)%%

$ "

% +8 %

% &"

$ 26 -2-2'% ) &) & % )&

!% -2-2 !

> %*

! %# Amicus Curaie, $% %!!

&)'& )& ! !

! '% # % % * &% ! $ & %% " ) %' $ (%)

( ,' '

(& .(,' "))'

.*%) ( % &% !

)

$ $* '% ,&%# $ ) ' $ * !)) "*

" $%!% % &% ! % "

5%'*-)%'6#%7+ :

!% #%%&%,&%#

% % ' ! '

) && " '?$# "" 8 % !

0/1 % # #" ) ;6/$%) $ & &%

"% &"

!% "

# % ! !

"# $% &

8$ !

% ! ')!))' ) "% ! ' )!

$%!% !)'

" % "

$ !

& )!

! ' )) $ & % )"" ' "% 4 !%4 4!

4 &"

''(

( $) * " ' 5" &% !%$% !%) !

)!$%)$ % 4#8#?4 % -23!$ & &% )' ! ') 0/1#

# $%) & !) /;03 06 # 8 *

& " % !%%

!%) "

% !%" &% ))' ! 8$ !

%% -23!%!

5 "

$%% ) !

# 7 #%) !-222 % 4% -222!4$%) )'@ &% -23! !) & - 8$!!

&)'% )%% ) &$%% %"' )) $ % ! #8#?$ !!

-- -/ -23!$ & &% & !%) "

)$ &

& !%% $ %

5 )' ") )' 5!) &% )!)' 0/1 #

# %% #

# % )) $ $%) % ) & '

A' % -23!$ &% $%% .

!% 8$% )% $ $ % !

!) %% non obstante clause !

- 5!) % )!)' "

' & ! '

) ) &"

Sudhir Sharma's case (supra) %

"38. Applying the aforesaid principles applicable in the matter of interpretation of non obstante clause, if the scheme of Act of 2015 in general and the provisions relating to grant of post arrest bail as contained in Section 12 of the Act of 2015 in particular, having non obstante clause to override the provisions of the Code of Criminal Procedure, 1973, generally with the provisions of general applications of section 4 of the Code of Criminal Procedure, 1973, the legislative intention does not appear to altogether exclude provisions of the Code of Criminal Procedure, 1973 in relation to provisions contained in Chapter XXXIII relating to bails and bonds.

Provisions relating to bails and bonds contained in the Code of Criminal Procedure, 1973 would be rendered inapplicable only to the extent that they are inconsistent with the provisions of grant of bail contained in the Act of 2015. There is no warrant for conclusion that non obstante clause contained in Section 12 of the Act of 2015 completely excludes the availability of remedy of applying for grant of anticipatory bail by a CICL, who is apprehending his arrest on the accusation of commission of any offence. The only provision for grant of bail as contained under Section 12 of the Act of 2015, which deals with application for grant of bail by a CICL applies, when he is apprehended or detained by the police or appears or brought before the Board on the allegation of having committed a bailable or non0bailable offences.

The statutory scheme of Section 12 mandates grant of bail to a CICL by use of word "shall" unless there appears reasonable grounds for believing that the release is likely to bring the CICL in association with known criminal or to expose such person to mental, physical or psychological danger or his release would defeat the ends of justice. The provision, in fact,deals with a case of child differently from any other person who is not a child. Unless the aforesaid three exceptional grounds are made out for rejection of application for grant of bail, CICL has to be granted bail irrespective of nature and gravity of allegations against him.

We fail to see how the beneficial provision for grant of bail to CICL could be interpreted to the utter prejudice of a CICL to say that he would not be entitled to say that important statutory scheme of seeking anticipatory bail provided under section 438 of the Code of Criminal Procedure, 1973 is not available to him. On rational construction of the non obstante clause in Section 12, it only seeks to put a CICL in a better position as compared to any other person who is not a CICL by providing that ordinarily a CICL has to be granted bail and it could be rejected upon existence of three specified grounds exhaustively enumerated in the provision itself. There is no justification for giving non obstante of such a wide amplitude as to exclude the statutory remedy of applying for anticipatory bail by a CICL.

The Act of 2015 is completely silent with regard to anticipatory bail. Therefore, in view of the provision contained in section 4 of the Code of Criminal Procedure, 1973, the provision relating to grant of anticipatory bail contained in section 438 of the Code of Criminal Procedure, 1973 will continue to have application and will be available to CICL, who is apprehending arrest."

) )'% $ &"

%' %,&%# )'

(," -.("/0

(, " -. ("/0 $ $

&% %% ' )' $ %#8#?

' )' & % ! ') ) )'% $ ) &) & ( 23 " " 4

decided on 17.12.2014$

$% % $ (

56$%!%$ % -222!$

) $%!%A $ $ % &"

Sudhir Sharma's case (supra) % "47. In the result, we answer the reference, as below:0 "The application for grant of anticipatory bail under section 438 of

the Code of Criminal Procedure, 1973 at the behest of CICL before the High Court or the Court of Sessions is maintainable under the law and the said remedy is not excluded by operation of Section 12 of the Act of 2000 or Section 12 of the Act of 2015."

48. This bail application be posted before the appropriate Bench as per roster."

!% #)!,&%# ( (

1 7

8 decided on 23.08.2021

*") $$%) *

& " %

" % ) )

) & % B 9 ! &% % )! !% & &

) "

! !%) $% $ !

" & !

)!$%)$ % ) !

' "

) $* '!

!% )

& 93 % .

!%!% * ' $$%) *

& " %% &% )) '! ! )) ')) &!* !) - & &% )% '

)$ % !%% $ !% !! % -23! " $) )&

!%$%) &

&$%% ! !

!%$%) & & ) ) !% "* " ) )) ) !

;

"',&%# 2 :' , 8 2''

: 3 0

1 ( decided on 15.07.2022 * " % &"

) &)

( :

2''

3 &$%) -9

# decided on 09.06.2021, $%) !

" & !

!) % $ !!

) % -23! * " !)

0 # 8 ) &$%!) 3/$%) &

) 8$% )%% $ 4 4$ % -23! % $ 4 4% &

$ )"

!) &%

) '

) )'% &"

Gurbax Singh Sibbia's (supra) 2+

31* $ % ) ' $ * " & '

%")

)!* !

!'!% $

-23! % 0/1#

# $ $ )) !

!) %% #8#?!

) %

!%$%) % ) &% " !

- -23! * " $ )% )) $ ) Raman's case (supra) % "30 As is provided under Section 8 (2) of the JJ Act, the High Court and the Children's Court can exercise the same powers, which can be exercised by the Board. These powers can be exercised in appeal, revision or otherwise. The proceedings under Section 438 of the Cr.P.C. are covered under these powers. Because these powers are also available besides proceedings of appeal or revision. Therefore, when deciding the anticipatory bail application, the High Court or the Sessions Court will have to give due importance to the considerations mentioned in the proviso to sub0Section (1) of Section 12 of the JJ Act. However, that proviso does not make the Section 438 of the Cr.P.C.

inconsistent with Sections 10 and 12 of the JJ Act. The inconsistency between Cr.P.C. and these two provisions is in respect of Sections 167 and 437 of the Cr.P.C. mainly because the child will have to be produced before the Board and not before any other Court. In those cases, the special procedure provided under Sections 10 and 12 of the JJ Act will have to be followed. But Section 438 of the Cr.P.C. is enacted for a different purpose as discussed earlier and there is no inconsistency.

;

31. As mentioned earlier, if accusations are made against a child with ill intention to cause humiliation and harassment, then the right to prefer application under Section 438 of the Cr.P.C. should be available to a child. Section 12 of the JJ Act provides for steps to be taken for production before the Juvenile Justice Board after apprehension. There is a possibility that the child can be detained for some period. However, in cases where accusations are false or are made with oblique motive, then it would be travesty of justice to keep the child away from the protection of his parents and from his usual environment and shelter. There is no reason why he should be deprived of such protection even for a single minute. At that stage application under Section 438 of the Cr.P.C. is the effective remedy available to such child.

32. Based on this discussion, we answer the reference as under: CA 'child' and a "child in conflict with law" as defined under the Juvenile Justice (Care and Protection of Children) Act, 2015 can file an application under Section 438 of the Code of Criminal Procedure, 1973." 2

!% ))%,&%# ( ;

< "

6 %2-$6 $ % #8#?$%) " & A $ $ "25. The reference to this Larger Bench thus, stands answered as follows:0 (i) The limited window opened in the judgement of the learned Single Judge in the case of Shahaab Ali (Minor) for child in conflict with law confining his right to seek anticipatory bail before F.I.R. is lodged against him is incorrect. A child in conflict with law will have an equal and efficacious right to seek his remedy of anticipatory bail under Section 438 Cr.P.C. like any other citizen, but with the restrictions imposed in the said provision itself. (ii) Section 1(4) of the Act, 2015 does not exclude the application of Section 438 Cr.P.C. to a child in conflict with law after the F.I.R. is

registered against him as there is no provision contrary in the Act 2015 to the Cr.P.C. to make it inapplicable.

(iii) child in conflict with law can be arrested/apprehended/granted bail if necessary and any such situation arises.

(iv) A juvenile or a child in conflict with law can be arrested and/or apprehended if such a need arises, but he cannot be left remedy0less till the time of his arrest and/or apprehension. He can explore the remedy of anticipatory bail under Section 438 Cr.P.C. if a need arises. The remedy of bail under Section 12 of the Act 2015 can be invoked by a juvenile or a child in conflict with law at the appropriate stage. (v) An inquiry is required to be conducted by the concerned Board for declaring a person as a juvenile and then extending the benefit of the beneficial legislation to him.

(vi) The required enquiry under Section 14 and preliminary assessment into heinous offence under Section 15 of the Act 2015 where required can be done while the child in conflict with law is on anticipatory bail.

26. While answering the questions referred to by the learned Single Judge, let the anticipatory bail applications be now placed before the appropriate Bench in the week commencing 03.7.2023 for disposal."

) &"

$ )& % $% &)

!% 2 (

< "

$$%!%% ) !

'$!!

&)'

) $%) ! &%% -23! )!

!)) &) $%!%#8#?!

) ) "

) ) !

$)!

"',&%# Raman's case (supra) Surabhi Jain's case (supra) "% &"

#%%&%,&%# Sudhir Sharma's case (supra). ) )' Mohammad Zaid's case (supra), % .

!%) '% , 4) #% !

% )%% !$) % $ & ! '

) % ' 5 % #8#?!

) %

$" 1 !% ) #

!% )

! !;1; % 1 -2:) &% ) !

# #%)

)) -2:$ * " % $ +8

& 5!

$% % !"

"" %

$" Gurbax Singh Sibbia's case (supra) Sushila Aggarwal's case (supra) % 0/1#

# * $'% &% ) "

!%) " %

! % '% !%)!

) ) "

)

5%%&.'#0.#(%6#%7+ -

$ &% " )' A))'% '

5 %% .

!% #%%&% %' % #)!,&%# % % ) !

) &"

!%$ )& % $% ) .

% .

!% ,&% # $%) ! &% !"

!) %% ) & #8#? % ! % !

)

% ) &) !

! )' " $ % )!

% !%) % % )! 0/1#

# $ " )

$* 2# )

&1&6$

$%)

) & &"

$%) $ &%

#% #

# $ % $ % " %

!%% $ 5 "!%C D 2 -23! ) )' &$ % !%)! % !* ! !%) % ) ) )' & %% !%)$ )!

$%* $ !" ) 5 "

)%'!) '!% ) &!) &

%' %,&%# 0 3 24 #=24 #

(," dated 20.01.2021 "

A %% ?

&) !%%!

! )' " "*

))

! ') $ -23 ! % !%% B 9 % ) ;13$%!%% ) ) !

!;1:!

" & !

) %

'% (

8 - ;;-$%!%%) -222!!

" & !

% "

" % "

-22: -2 -23!!"

-2:) $ ) * % % +8 !

) )' & $% % "" $%!%! )' "

% 6'

" "

& % "

'% "

!%) % "

% !

& % ) E , "

=+ !)'=E , "

' !

") -23!$ & @ % $ !

) )'$% )%%

! ') 0/1#

# $ )) ) $ ) !%%

!) %) '

! % % -23! 3

") $ $ * ' % #)! ,&% # 0(>6$> )

8 decided on 20.01.2022 $% $% )% % ')* )%

& '

! && ! % -23! % )'

! % $%) *

& $% ) % $

&)" ) !%) !

$* " % & " ) !

!%&"

Miss. Surabhi

Jain's case (supra) " &% $ Krishna Garai's case (supra).

$* $%% )! $ " ) 0/1#

% !

#8#?

" $) #% !

&% )&

!%$%!%$ )

8'9*&%-$)-0:;'*8$)*/.5%

0.+ :

8 2 ?9

= 9

8 %$$%!% )) $ "8

< "

$% )%%

) ) &) &

!! $% % ) ) *

& $% )

$ $ & & $%) *

& " % "' %" % % % ! &%%) )'"

% ) & " )$ "

'% 5# )' % ! 1 / ) 3+< / @)

6 &$%) ) &$%% <% " !

&)' & $* "4

$ !

%% ) !

)'"

!%)!! $%! ' &%"!% !

" ) " " ! '$%!%% )' & !) %

# $ ! !% & & ) "

% )

) A !'$%!%" & !

A ""

8 % -23!% !) !)

0$%!% %% !%)))' )) " & !%)

! $% & '% & ' )$ % "

& !

!) &% ! )' " "

!%$ )

: : ''

(1) to (3) xxx xxx xxx xxx (4).

Notwithstanding anything contained in any other law for the time being in force, the provisions of this Act shall apply to all matters concerning children in need of care and protection and children in conflict with law, including - (i) apprehension, detention, prosecution, penalty or imprisonment, rehabilitation and social re0integration of children in conflict with law;

(ii) procedures and decisions or orders relating to rehabilitation, adoption, re0integration, and restoration fo children in need of care and protection."

(1) to (9) xxx xxx xxx xxx (10) "Board" means a Juvenile Justice Board constituted under section 4;

(11) xxx xxx xxx xxx (12). "child" means a person who has not completed eighteen years of age;

(13). "child in conflict with law' means a child who is alleged or found to have committed an offence and who has not completed eighteen years of age on the date of commission of such offence; xxx xxx xxx xxx (35) "juvenile" means a child below the age of eighteen years;" 1

% -23!%

! & F C ' D -03C D -30 C% D -// % "2(45)"petty offences" includes the offences for which the maximum punishment under the Indian Penal Code (45 of 1860) or any other law for the time being in force is imprisonment up to three years;

(54) "serious offences" includes the offences for which the punishment under the Indian Penal Code or any other law for the time being in force, is,0 (a) minimum imprisonment for a term more than three years and not exceeding seven years; or

(b) maximum imprisonment for a term more than seven years but no minimum imprisonment or minimum imprisonment of less than seven years is provided.

(33) "heinous offences" includes the offences for which the minimum punishment under the Indian Penal Code (45 of 1860) or any other law for the time being in force is imprisonment for seven years or more; ;

"))' 0 % !

) !

'% &!

# %

'! ! & $ !%& & ! ) #8#?

) & !) & 8#)$%) %

G 5 ) &$% $ !)$ * $%!%

% $ " "

! !% )" !)$ * ) )&)' !)$ * 0/ 06 0

-23! %

/ /

:8 >(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the State Government shall, constitute for every district, one or more Juvenile Justice Boards for exercising the powers and discharging its functions relating to children in conflict with law under this Act.

(2) A Board shall consist of a Metropolitan Magistrate or a Judicial Magistrate of First Class not being Chief Metropolitan Magistrate or Chief Judicial Magistrate (hereinafter referred to as Principal Magistrate) with at least three years experience and two social workers selected in such manner as may be prescribed, of whom at least one shall be a woman, forming a Bench and every such Bench shall have the powers conferred by the Code of Criminal Procedure, 1973 (2 of 1974) on a Metropolitan Magistrate or, as the case may be, a Judicial Magistrate of First Class.

(3) No social worker shall be appointed as a member of the Board unless such person has been actively involved in health, education, or welfare activities pertaining to children for atleast

seven years or a practicing professional with a degree in child psychology, psychiatry, sociology or law.

(4) No person shall be eligible for selection as a member of the Board, if he00 (i) has any past record of violation of human rights or child rights;

(ii) has been convicted of an offence involving moral turpitude, and such conviction has not been reversed or has not been granted full pardon in respect of such offence; (iii) has been removed or dismissed from service of the Central Government or a State Government or an undertaking or corporation owned or controlled by the Central Government or a State Government; (iv) has ever indulged in child abuse or employment of child labour or any other violation of human rights or immoral act.

(5) The State Government shall ensure that induction training and sensitisation of all members including Principal Magistrate of the Board on care, protection, rehabilitation, legal provisions and justice for children, as may be prescribed, is provided within a period of sixty days from the date of appointment.

(6) The term of office of the members of the Board and the manner in which such member may resign shall be such, as may be prescribed.

(7) The appointment of any member of the Board, except the Principal Magistrate, may be terminated after holding an inquiry by the State Government, if he00 (i) has been found guilty of misuse of power vested under this Act; or (ii) fails to attend the proceedings of the Board consecutively for three months without any valid reason; or (iii) fails to attend [minimum] three0fourths of the sittings in a year; or

(iv) becomes ineligible under sub0section (4) during his term as a member.

-2

2 - $% !%) !

)! $%)$ '% )!

% $% =% )$% %

&% )!%$% )* % ) $%

!%& #8#?)!

2 - -23! A

2'' :

: :

+ + >>(1) As soon as a child alleged to be in conflict with law is apprehended by the police, such child shall be placed under the charge of the special juvenile police unit or the designated child welfare police officer, who shall produce the child before the Board without any loss of time but within a period of twenty0four hours of apprehending the child excluding the time necessary for the journey, from the place where such child was apprehended:

Provided that in no case, a child alleged to be in conflict with law shall be placed in a police lockup or lodged in a jail. (2) The State Government shall make rules consistent with this Act, (i) to provide for persons through whom (including registered voluntary or non0governmental organisations) any child alleged to be in conflict with law may be produced before the Board;

(ii) to provide for the manner in which the child alleged to be in conflict with law may be sent to an observation home or place of safety, as the case may be.

0 ' + :: : :

+ +

: >>Any person in whose charge a child in conflict with law is placed, shall while the order is in force, have responsibility of the said child, as if the said person was the child's parent and responsible for the child's maintenance:

Provided that the child shall continue in such persons charge for the period stated by the Board, notwithstanding that the said child is claimed by the parents or any other person except when the Board is of the opinion that the parent or any other person are fit to exercise charge over such child.

8 ' + ''

: :

+ + >>(1) When any person, who is apparently a child and is alleged to have committed a bailable or non0bailable offence, is apprehended or detained by the police or appears or brought before a Board, such person shall, notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person:

Provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the persons release would defeat the ends of justice, and the Board shall record the reasons for denying the bail and circumstances that led to such a decision.

(2) When such person having been apprehended is not released on bail under sub0section (1) by the officer0in0charge of the police station, such officer shall cause the person to be kept only in an observation home 1[or a place of safety, as the case may be] in such manner as may be prescribed until the person can be brought before a Board.

(3) When such person is not released on bail under sub0 section (1) by the Board, it shall make an order sending him to an observation home or a place of safety, as the case may be, for such period during the pendency of the inquiry regarding the person, as may be specified in the order.

(4) When a child in conflict with law is unable to fulfill the conditions of bail order within seven days of the bail order, such child shall be produced before the Board for modification of the conditions of bail."

8 %% !%) !

)!$%)$ !

$% !!

$%% ! >

@ $%% & &% &% !%) !

;

- # 8 % %)) %)

)) ' 5!

& )% ')$ '$ & !%"% % %& $% !%) ) ' *

& " %% ! " "

!) ) &)

% !%

& %&%)&% '

!* &"

(

31 *

%$% % ! % $%

!!"

& $% B 9 #

#%) '% B 9 (

) ")' -2 ;1;

% -22-! $%) ) & % ;1:! % %

-23!$ ))! $%) ) &$%% &!%& % ) &) $% % ! &"5"" "

& '" "" $% % '!

) !

% $% % "

& -// -23! $% A $%!%% # &

!%) !

)!$%)$ & &% $ ! & % )

" "

$* " ) !%% # ! $

)$% ?

&) ! ) &% $%) *

& " % & ) ) $% % 0% ! & '!

)

! ) )'$%) *

& " % !% "

!%$% !%)% ) ! &!%) $% 5!

)

8$ )%% 5!

% & ! "

& $ !%) $* $%) ) &$%% $%!%

" ""

$%!%! %

) &"

"34. From the scheme of Section 14, 15 and 19 referred to above it is clear that the Legislature felt that before the juvenile is tried as an

-2

adult a very detailed study must be done and the procedure laid down has to be followed. Even if a child commits a heinous crime, he is not automatically to be tried as an adult. This also clearly indicates that the meaning of the words 'heinous offence' cannot be expanded by removing the word 'minimum' from the definition. 35.

Though we are of the view that the word 'minimum' cannot be treated as surplusage, yet we are duty bound to decide as to how the children who have committed an offence falling within the 4th category should be dealt with. We are conscious of the views expressed by us above that this Court cannot legislate. However, if we do not deal with this issue there would be no guidance to the Juvenile Justice Boards to deal with children who have committed such offences which definitely are serious, or may be more than serious offences, even if they are not heinous offences. Since two views are possible we would prefer to take a view which is in favour of children and, in our opinion, the Legislature should take the call in this matter, but till it does so, in exercise of powers conferred under Article142 of the Constitution, we direct that from the date when the Act of 2015 came into force, all children who have committed offences falling in the 4th category shall be dealt with in the same manner as children who have committed 'serious offences'.

36. In view of the above discussion we dispose of the appeal by answering the question set out in the first part of the judgment in the negative and hold that an offence which does not provide a minimum sentence of 7 years cannot be treated to be an heinous offence. However, in view of what we have held above, the Act does not deal with the 4th category of offences viz., offence where the maximum sentence is more than 7 years imprisonment, but no minimum sentence or minimum sentence of less than 7 years is provided, shall be treated as 'serious offences' within the meaning of the Act and dealt with accordingly till the Parliament takes the call on the matter." --

8%% "

-30$"

! )

%-&*$#$;.*.-:%-'*-)%''*&9%0.#(%+ -/

!) /; # %!

!) )!' )) $ ' % $% !) / % % !) %)) ! )! $ ! &% % )% &% $ * "

$ "

% & !%) $ )

"))'!) 3/ # %% %)) % !" & )& !

! 5 )!

% & % $ !% ""* & !)

$ "

!%)

8 ! @

"# $% & % 5# $ @ )) '

)$% %

! & &$%!%% &% ! ') $ !%% " %"

!% $ % % ?

&) " ) ! & ! ')$%!% ))

!* $ & ) !) - # 8 ) )' % )%%

!) !

0/1 ;6/! "

!))' !) %

)

" ' )

* % $ ! )%%

-0

0/1#

# %$ 5" $% ) %"

) $%!%

&% % )! % $ %% % "

&% & % "

& & "* !! & %" !

$%!%% "' ) &&

) $%!%$ $%C & ! 0/1% ! ') &%$% "

-3

$$ )) $ Sushila Aggarwal's case (supra)'% ) &% 0/1 ;6/! ) '

!%$!!

'% )"

!!) & )) '

!!!

!) '%

# )# & $%% )!

* & ! ')% ) ) ! & % $%' % )! )' ! $%!%$ * " $

) % % ! ')!

) ) ) & % $ ) & ) "Sushila Aggarwal's case (supra) % "$ Consistent with the judgment in Shri Gurbaksh Singh Sibbia and others v. State of Punjab, when a person complains of apprehension of arrest and approaches for order, the application should be based on concrete facts (and not vague or general allegations) relatable to one or other specific offence. The application seeking anticipatory bail should contain bare essential facts relating to the offence, and why the applicant reasonably apprehends arrest, as well as his side of the story. These are essential for the court which should consider his application, to evaluate the threat or apprehension, its gravity or seriousness and the appropriateness of any condition that may have to be imposed. It is not essential that an application should be moved only after an FIR is filed; it can be moved earlier, so long as the facts are clear and there is reasonable basis for apprehending arrest."

>%) ) &$%% )" %$% % % ) 5 )

* &))% $ $ %% ! ) 5) "

$%!% ! ') ! !

% ! ') & !

! % !! ! !

% ) & !%& %

) $ !%$

) '% ) &% +8$) & % ! !) % % $ ) &

45-.#&99'%5%$&#*$<%.%$.#*$<8&.*)=-$)''%&.+ -6

8 !) % A $%!% * " $%$%!%$

) &%& % $ C D% "

#8#?% !

$ H G!%

)

% "

% & "' %

I G ) "

!!% "

'% &%% ! " ) &' "' & "

))' % $%!%$ ) " !!% "

*% )$ %% $%

% &$ & 9 ") " & "

$% !

) ! % !

"' " % $% % ! ) & $%!%!

! 8 !

! $%% !" ))$ "

* ! '!

) '$' $%) &)$ % '

#"& ! 'H G"

!!% "

$% %

% )$ -1

$ C D % )!*?$.! ' @ % "

)$F !" )F

F !

" ) % ) A '% ) "" !

! + 5 ' % !))' ) &$% ) !)

# )) .! '% $ C D) % !

! & &$% % #"& .! '$ )"

!!% "

$% % % )$ % ! % ! @ &! & &

5 )!

$% )) & !" )!

-0

* $''?$J !

& ! "C D

)!*G?$.! ' % "A person held in custody, confined or delayed by an authority, such as a law enforcement or government; a person held indefinitely without trial, especially for political reasons.

% ! % ) & ! ' !

% "

! ' !!

" %

# 8 #% &%% $ " 0 , $

" !% $ 4 4$%!%"

' &

$ 4! '4 4 4 %% ' '

$ $) 5" '% 5# 9,

* ) %6 8$% )% %

' % ! ' !

! ' !% " )@ ) )'$% )%"

!% # & ) "' !%$ ) !)! '

8 *:

*'4(#$$ 6

$% )%% $ " '

$ ) )) &)!

$ )) ) & ")' ) & !

A % !

"% !$ ) % !

# % % ! ' !

@ & * &% ) " % $ )' ! ) &$%% $ & ) $ 8 /, 54

( $$

8 %% "

) % =% $ )

)' % !

% ) !

% % ! ' &$%% )!

!)$ )

-3

* % &% "))' % !$%

8 !

% !

$%!%$ )& ! ! *

0/1#

# $ ) $% % )

%% "' !! % &!

"" ))

# )) ) !%% $ C D ) !% !)"

"girftaar",$%!%$ )pari materia &$%% $ C D 0/1#

# , ) !

% $ C D%)

) "girftaar". % ))!!) %

) !% %

% ) $ ) *

& $ !%

!) ) &) $%!%%"

% )'% # $%) ) & $% % ! ) % )

$%!%$ % ) &% )% "

8 !% $ H G!%%)& "

&% $%!% ! % )& ")& "

8 !% !!" !

% ! ) "!% & %" % " '

" '

!%) !

)!$%)$ /3

) ) &" ) 1 -2:) '

(% &% )& $% +8 & 5!

)'$% !

"" )'$% )% ) & &

+8 ")

8 )) " " $ )'

'% !) )

B % #%)> )

(

).)'.' )) $ ' !)!*& !%) %

!!" !

$%!%% !%)$ $

% &

) ) $%!% !% ) $ ) 1$%!% % +8 & 5!

)) & %

"" '!%) $% !%

"" )'$%) % 5!

" !% & !%) %% $ % )

! )' & % ) %

!%) + ! ' &% !%)

' % !%) " & ) &$%% !) !*& !%) !) )

B #%)> )

) &$% " & $% !%) !

% &

% % $% !%) !) - % !% )!

) !* !) / % #%)> )

$% "% !%) % ) ) !) "

) ;)* % !

$% -0% "

% & ) &$% 5) &% % )) $ % ) 1 ; -2:) % A% ">":

" : 2:

(1) No First Information Report shall be registered except where a heinous offence is alleged to have been committed by the child, or when such offence is alleged to have been committed jointly with adults. In all other matters, the Special Juvenile Police Unit or the Child Welfare Police Officer shall record the information regarding the offence alleged to have been committed by the child in the general daily diary followed by a social background report of the child in D and circumstances under which the child was apprehended, wherever applicable, and forward it to the Board before the first hearing:

-6

Provided that the power to apprehend shall only be exercised with regard to heinous offences, unless it is in the best interest of the child. For all other cases involving petty and serious offences and cases where apprehending the child is not necessary in the interest of the child, the police or Special Juvenile Police Unit or Child Welfare Police Officer shall forward the information regarding the nature of offence alleged to be committed by the child along with his social background report in D to the Board and intimate the parents or guardian of the child as to when the child is to be produced for hearing before the Board.

(2) When a child alleged to be in conflict with law is apprehended by the police, the police officer concerned shall place the child under the charge of the Special Juvenile Police Unit or the Child Welfare Police Officer, who shall immediately inform:

(i) the parents or guardian of the child that the child has been apprehended along with the address of the Board where the child will be produced and the date and time when the parents or guardian need to be present before the Board;

(ii) the Probation Officer concerned, that the child has been apprehended so as to enable him to obtain information regarding social background of the child and other material circumstances likely to be of assistance to the Board for conducting the inquiry; and (iii) a Child Welfare Officer or a Case Worker, to accompany the Special Juvenile Police Unit or Child Welfare Police Officer while producing the child before the Board within twenty0 four hours of his apprehension.

(3) The police officer apprehending a child alleged to be in conflict with law shall:

(i) not send the child to a police lock0up and not delay the child being transferred to the Child Welfare Police Officer from the nearest police station. The police officer may under sub0section (2) of section 12 of the Act send the person apprehended to an observation home only for such period till he is produced before the Board i.e. within twenty0four hours of his being apprehended and appropriate orders are obtained as per $of these rules;

-1

(ii) not hand0cuff, chain or otherwise fetter a child and shall not use any coercion or force on the child;

(iii) inform the child promptly and directly of the charges levelled against him through his parent or guardian and if a First Information Report is registered, copy of the same shall be made available to the child or copy of the police report shall be given to the parent or guardian;

[(iii0a) also inform the child and the parent or guardian immediately regarding the rights and privileges of the child under the Act and rules;

(iii0b) rights of the child shall also be displayed in every police station and at prominent places in the Observation Homes, Special Homes, Place of Safety;] (iv) provide appropriate medical assistance, assistance of interpreter or a special educator, or any other assistance which the child may require, as the case may be;

(v) not compel the child to confess his guilt and he shall be interviewed only at the Special Juvenile Police Unit or at a child0 friendly premises or at a child friendly corner in the police station, which does not give the feel of a police station or of being under custodial interrogation. The parent or guardian, may be present during the interview of the child by the police; (vi) not ask the child to sign any statement; and (vii) inform the District Legal Services Authority for providing free legal aid to the child.

(4) The Child Welfare Police Officer shall be in plain clothes and not in uniform.

(5) The Child Welfare Police Officer shall record the social background of the child and circumstances of apprehending in every case of alleged involvement of the child in an offence in Form 1which shall be forwarded to the Board forthwith. For gathering the best available information, it shall be necessary upon the Special Juvenile Police Unit or the Child Welfare Police Officer to contact the parent or guardian of the child.

(6) A list of all designated Child Welfare Police Officers, Child Welfare Officers, Probation Officers, Para Legal Volunteers, District Legal Services Authorities and registered voluntary and non0governmental organisations in a district, Principal Magistrate and members of the Board, members of Special Juvenile Police Unit and Childline Services with contact details shall be prominently displayed in every police station.

(7) When the child is released in a case where apprehending of the child is not warranted, the parents or guardians or a fit person in whose custody the child alleged to be in conflict with law is placed in the best interest of the child, shall furnish an undertaking on a non0judicial paper in Form 2 to ensure their presence on the dates during inquiry or proceedings before the Board.

(8) The State Government shall maintain a panel of voluntary or non0 governmental organisations or persons who are in a position to provide the services of probation, counselling, case work and also associate with the Police or Special Juvenile Police Unit or the Child Welfare Police Officer, and have the requisite expertise to assist in physical production of the child before the Board within twenty0four hours and during pendency of the proceedings and the panel of such voluntary or non0governmental organisations or persons shall be forwarded to the Board.

(9) The State Government shall provide funds to the police or Special Juvenile Police Unit or the Child Welfare Police Officer or Case Worker or person for the safety and protection of children and provision of food and basic amenities including travel cost and emergency medical care to the child apprehended or kept under their charge during the period such children are with them.

$ ":

: :

+ + 8 >(1) When the child alleged to be in conflict with law is apprehended, he shall be produced before the Board within twenty0four hours of his being apprehended, along with a report explaining the reasons for the child being apprehended by the police.

(2) On production of the child before the Board, the Board may pass orders as deemed necessary, including sending the child to an observation home or a place of safety or a fit facility or a fit person.

[(2A) The Board shall ensure that the information regarding the child referred to in sub0rule (2) is uploaded on a portal, as may be specified by the Central Government in this behalf.]

(3) Where the child produced before the Board is covered under [section 78 and section 83 of the Act, including a child who has surrendered, the Board may, after due inquiry and being satisfied of the circumstances of the child, transfer the child to the Committee as a child in need of care and protection for necessary action, and or pass appropriate directions for rehabilitation, including orders for safe custody and protection of the child and transfer to a fit facility recognised for the purpose which shall have the capacity to provide appropriate protection, and consider transferring the child out of the district or out of the State to another State for the protection and safety of the child.

(4) Where the child alleged to be in conflict with law has not been apprehended and the information in this regard is forwarded by the police or Special Juvenile Police Unit or Child Welfare Police Officer to the Board, the Board shall require the child to appear before it at the earliest so that measures for rehabilitation, where necessary, can be initiated, though the final report may be filed subsequently.

(5) In case the Board is not sitting, the child alleged to be in conflict with law shall be produced before a single member of the Board under sub0 section (2) of section 7 of the Act.

(6) In case the child alleged to be in conflict with law cannot be produced before the Board or even a single member of the Board due to child being apprehended during odd hours or distance, the child shall be kept by the Child Welfare Police Officer in the Observation Home in accordance with rule69 Dof these rules or in a fit facility and the child shall be produced before the Board thereafter, within twenty0four hours of apprehending the child.

(7) When a child is produced before an individual member of the Board, and an order is obtained, such order shall be ratified by the Board in its next meeting."

)'% ) ) 5!

% " % $ %)) )' ! $% & %

) % !%) %"

)' !

!%% $ C D" & % !$%!%!

") # ) $ !

% ! & #8#? %

$% $))%

% !!

$%% ! "! ! % )

C D % ) ' % !) )'$%)

! &% -22-!% $ C D$ -$% $) $ %$% ) &%

% % ) ) ! !

- -23! "% $ C D - -23! ) % ' $% )' !%) )) & %

"" )) )) '%

!% %)) ) ) $% $% ' )!

% !

% ! '

!% - -23 ! ! & & ) ) )' & %%

) )* )' &% ! $% '* $ !" )

5 "

)%'!) '!% ) &!) & % G ) $ ) % !

!! % ' &% ) /1

! ) " -- -/ !$% !!))'"

% $% & '% & !

' % #

# '

)$ %

& !

&%)) %)) #% 888 #

# $%!% !' *

& !

% %% 2: 26#

# !% $ " ) !'%)

& !%

! !% 26%

"% "!% -23! "))' -/

-23!

& #8#? $% !%)%

--/#

# $%!% ) -- -/ -23! % A

": '

.---

": ''

Notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1973 (2 of 1974), or any preventive detention law for the time being in force, no proceeding shall be instituted and no order shall be passed against any child under Chapter VIII of the said Code. 6

3# ': : : :

+ +' : >(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 Childrens 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." /;

8% %)))!

% !% %

& #8#?

%% %% ?

&) $% % ) % $ C D*

& " % %

! % % )'% $ C D$%!%%

! ) E !

& )!% 0/1#

# & $

" '

&) $%' % "

) % % $%'%

0/1#

# % )

' (% ;6 ! % $% !%)

* #%) G, "

!), "

% ") ;1 & &% ) !%))!

% $%!% )!

#% K %

))

% 8) & % $% &% !%) !%%

* "

)* ' $ !%% "

% )& $%$%!% @ ) 1- -2:) ) "))')* ) " % $% !%)

% & % !%) % &

$)) & !%)

)) A %

% 8 % ' 5!) !%%%

0/1#

# $ ) )'$

' )

$%' ' ! $ *

& % )%% ) % ) ) % 5!

!%) )!

& !!

!%% $ C D%

% !

! % !

! ! ) &) *

& " %

!) !%% "

!%%

" $ ) % !%) "%

0/1 !

1- ! %% $ !

"') ! '% ,&%# % #%) G# $%

& "

; )

E% $ ;

% & % $ % #%) G # ! & & "

3 % &% !%) )$'%

#%) G# %

--2

-23! % %$% !%# %

& % # $ )% ! '% % ! ! 2 2;

-2/ ' !) ! ' (

# ))% & )

& L 5!

% ) & % !+ !*# M %

& $ #%) G# ! % ".C03(C31D"<3/28 *C"201(C31D9(C2DD2-023*/<1-C 31-D-21-3 1 '

6 3 %E

E&E E6F> In suppression of the Government of Punjab, Department of Home Affairs and Justice, Notification No.S.O.95/C.A.4/2006/S.25/2011, dated the 16th November, 2011, and in exercise of the powers conferred by section 25 of the Commissions for Protection of Child Rights Act, 2005 (Central Act No.4 of 2006), and all other powers enabling him in this behalf, the Governor of Punjab with consultation of the Chief Justice of the High Court of Punjab and Haryana, is pleased to specify the courts of all the Sessions Judges and Additional Sessions Judges, at each district headquarter in the State of Punjab (except the Additional Sessions Judge (Adhoc), Fast Track Courts), to be the Children's courts, for providing speedy trial of offences against children or violation of child rights under the said Act, for the area falling within their respective jurisdiction.

AND further the Children's Courts so specified above under the aforesaid Commissions for Protection of Child Rights Act, 2005, shall be deemed to be the Special Courts, in pursuance of the provisions of the proviso to -sub0section (I) of section 28 of the Protection of Children from Sexual Offences Act, 2012 (Central Act No.32 of 2012), to try the offences under the Act.

* 82-3, Principal Secretary to the Government of Punjab, Department of Home Affairs and Justice."

%% # % ,&%# %

$ & %

! ') 0/1#

# 8

% 5 )'!) %% &% !%)%&

'% % ! ) --2 -23! % "(20) "Children's Court" means a court established under the Commissions for Protection of Child Rights Act, 2005 (4 of 2006) or a Special Court under the Protection of Children from Sexual Offences Act, 2012 (32 of 2012), wherever existing and where such courts have not been designated, the Court of Sessions having jurisdiction to try offences under the Act;"

B 037 -23!% ! ;6/# ) ) '

3- -23!!

") %

)" ' "

% " %

'' )) $ &% !

% ;6/#

; -23! %

& #" )

#%)> ) # ""

!%$%!%") 0-$% ) !) & % & ) %

G 5 $ !)$ * % "

!% $%) 5" &% &% !%)

8% %% &% !%)$%!%

) &) % !% )& $%!%)) $

!%% "'!

% $ ) !%)

& % ;6/# ))& "

) )"

23 -23!

$ ,&%# !)) % $ "

% %) !)) % '

& $%!% '

# ""

#%) G# # % %

' & ) ) &)' ' '!% $ !% ) % *

0 #

# %% $% ) 8 # )$%

8)' $ %)) & A % )$%!!

& % !

"))' !) - %)) & A ' )$% $ ) )$%!!

& "

! ' !"

% "

& !

$%!% &)

" )!

& = A'

"))' 3 %%

# %)) ! ' !) ) !))$ % "

& ' !) "

! ' ' )$ % "

& !

!! !

%$ ) !) %% !% % ! & &% &%

!)" ! ')

0 3 #

# % "4. 1 : -"

-(1) All offences under the Indian Penal Code (45 of 1860) shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained.

(2) All offences under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner of place of investigating, inquiring into, trying or otherwise dealing with such offences.

-Nothing contained in this Code shall, in the absence of a specific provision to the contrary, affect any special or local law for the time being in force, or any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force."

8 5 $% - % !

032 -23!$ )& % $%% &%

!%)!%$% %!

"" )) ))

%% %)) ) ) $% & '% &!

# ' )$ %% %

-%% ' 5!

!% & &% $%!% %

" % #

# % "

$ ) !

% $' !%)$%

- %% & '

!! % )! % )' )

& "

! $%!% * " 0/1#

! ")!! $%!%$ ) % $' #8#?

8 Shilpi Mittal's case (supra) % ( ) ) 8 $ ! $% )%% &%% # ! !% $ "% % ?

&) !) % # ! &

% ! !)"'$ &

) &% %

23. The Golden Rule of Interpretation was laid down by the House of Lords in ,v." (1857) 6 HLC 61, as follows:

...I have been long and deeply impressed with the wisdom of the rule, now, I believe, universally adopted, at least in the Courts of Law in Westminster Hall, that in construing wills and indeed statutes, and all written instruments, the grammatical and ordinary sense of the words is to be adhered to, unless that would lead to some absurdity, or some repugnance or inconsistency with the rest of the instrument, in which case the grammatical and ordinary sense of the words may be modified, so as to avoid that absurdity and inconsistency, but no farther.....

24. The Privy Council in v. *:

(1886) 11 AC 627 stated the principle in the following terms:

"It is, however, a very serious matter to hold that when the main object of a statute is clear, it shall be reduced to a nullity by the draftsman's unskillfulness or ignorance of law. It may be necessary for a Court of Justice to come to such a conclusion, but their Lordships hold that nothing can justify it except necessity or the absolute intractability of the language used.....

25. In Justice G.P. Singh's treatise, "Principles of Statutory Interpretation' the doctrine of surplusage as a limit on the traditional rule of strict construction has been referred to. The main judgment on this point is the decision of the House of Lords in(:(

MANU/UKHL/0029/1990 : [1990] 2 A.C. 716. In that case the defendant's premises contained a machine which on insertion of a coin revealed two naked women in a manifestly immoral manner. The defendant was charged with using this premises as a sex establishment without any licence. His contention was that the Act (Local Government (Miscellaneous Provisions) Act, 1982) used the words 'which is not unlawful' and since he was conducting an unlawful activity he did not require a licence. It was in this context that the House of Lords held that the words 'which are not unlawful' should be treated as surplusage and as having been introduced by incompetent draftsmanship. In that case the intention of the Legislature was clear that no sex establishment could be set up without a licence.

The words 'which is not unlawful' would render the entire provision nugatory. That does not happen in this case. What has happened in this case is that there is a 4th category of offences which is not dealt with under the Act. It cannot be said with certainty that the Legislature intended to include this 4th category of offences in the category of 'heinous offences'. Merely because removing the word 'minimum' would make the Act workable is not a sufficient ground to hold that the word 'minimum' is surplusage.

26. This Court in . ' " vs. 2 ( + was dealing with the provisions of Section 32 F(1)(a) of theMaharashtra Tenancy and Agricultural Lands Act, 1948. It was an admitted case of the parties that this was a law for agrarian reforms. The provision in issue deals with the rights of the tenant to purchase the property where the landlord is a widow, minor or person with mental or physical disability. This Section essentially gave a right to the tenant to exercise his right of purchase within one year

from the expiry of the period during which such landlord is entitled to terminate the tenancy. The Section literally provided that the landlord shall send an intimation to the tenant of the fact that he has attained majority before the expiry of the period during which the landlord is entitled to terminate the tenancy under Section 31. Though a widow or a disabled person were not required to give notice for the tenant to exercise his right of purchase, in the case of a minor unless the minor on attaining majority issued such a notice, the tenant would not be able to exercise his right of purchase. Effectively the minor on attaining majority cold defeat the right of the tenant by not issuing the notice. It is in this context that this Court held that this would create such an anomaly that it would turn the entire scheme of agrarian reform on its head. Therefore, it held as follows:

... This anomaly indeed turns the entire scheme of agrarian reform on its head. We have thus to see whether the language ofSection 32F can be added to or subtracted from, in order that the absurdity aforementioned and the discrimination between persons who are similarly situate be obviated.

After discussing various rules of interpretation the Court held that instead of striking out the classification as a whole it would delete the words 'of the fact that he has attained majority'. We may refer to para 43 which is relevant:

Given the fact that the object of the 1956 Amendment, which is an agrarian reform legislation, and is to give the tiller of the soil statutory title to land which such tiller cultivates; and, given the fact that the literal interpretation of Section 32F(1)(a) would be contrary to justice and reason and would lead to great hardship qua persons who are similarly circumstanced; as also to the absurdity of land going back to an absentee landlord when he has lost the right of personal cultivation, in the teeth of the object of the 1956 Amendment as mentioned hereinabove, we delete the words "..of the fact that he has attained majority..". Without these words, therefore, the landlord belonging to all three categories has to send an intimation to the tenant, before the expiry of the period during which such landlord is entitled to terminate the tenancy under Section 31."

Mr. Luthra, drew our attention to the speech of the Minister while introducing the Bill in relation to the Act of 2015. We need not repeat the speech in detail but reading of the same clearly indicates that the Minister while dealing with the issue of 'heinous offences' wherein the children could be tried as adults mainly made reference to the offences of murder, rape and terrorism. There are some other speeches that have been referred to by Mr. Luthra, but we are not referring to the same because the intention of the Legislature as a whole cannot be gauged from the speeches of individual members, some of whom supported the Bill and some of whom did not support the Bill. The main reliance could only be made on the objects and reasons and introduction of the Bill by the Minister which basically makes reference to offences like murder, rape, terrorism, where the minimum punishment is more than 7 years.

% There can be no quarrel with the submission made by Mr. Siddharth Luthra that in a given circumstance, this Court can even add or subtract words from a statute. However, this can be done only when the intention of the Legislature is clear. We not only have to look at the principles of statutory interpretation but in the present case, the conundrum we face is that how do we decipher the intention of the Legislature. It is not necessary that the intention of the Legislature is the one what the judge feels it should be. If the intention of the Legislature is clear then the Court can get over the inartistic or clumsy wording of the statute. However, when the wording of the statute is clear but the intention of the Legislature is unclear, the Court cannot add or subtract words from the statute to give it a meaning which the Court feels would fit into the scheme of things."

"))' G

":' : , 9

D , 7 *' 31* 6$ 66%

5# $ % )%% ?

&) % ) &) "

& !"

% "!% %% $

* &

* " %) $ $%) )'@ &% ! %

" & !'!;6 % $%!%$ ! ) %

"31. The cardinal principle of the construction of statutes is to identify intention of the legislature and the true legal meaning of the enactment. The intention of legislature is derived by considering the meaning of the words used in the statute, with a view to understanding the purpose or object of the enactment, the mischief and its corresponding remedy that the enactment is designed to actualize. Ordinarily, the language used by the legislature is indicative of legislative intent. In Kanai Lal Sur v. Paramnidhi Sadhukaran Gajendragadkar, J. (as the learned Chief Justice then was) opined that "the first and primary rule of construction is that the intention of the legislature must be found in the words used by the legislature itself."

But when the words are capable of bearing two or more constructions, they should be construed in light of the object and purpose of the enactment. The purposive construction of the provision must be "illumined by the goal, though guided by the word. Aharaon Barak opines that in certain circumstances this may indicate giving "an unusual and exceptional meaning" to the language and the words used.

32. Before we engage in the exercise of purposive construction, we must caution that a court's power to purposively interpret a statutory text does not imply that a Judge can substitute legislative intent with their own individual notions. The alternative construction propounded by the Judge must be within the ambit of the statute and should help carry out the purpose and object of the Act in question." 0:

%% &"

$%!%%

!% %) * ! $$ )& % $%%

)' &% #8#? )'$ ) "

) A "

% % !! 5!) $ C D % -23!$ )& % $%% ?

&) !% $ % $ C D$ ) ! !)C D$%!%"' * )!

$ %$ ) )& % )$ !*

& $%

$%!%%

" )'& % & )

- -23! 5!

% 5!

) $ % %%

" !

! $%!%% %

$''% # & ! $ 8 % ' !!

' % !$%!%! 5") 1

!% ) # !% )

! !;1;$

! $ !

''% # $%!%% * ! $ )'*

& $%

$%!% ) 1 & &% % & +8% $ %

! )' ) % % $ ) !

! !% %

& && !' " & ! )' % ! ) )% !% %

8 %% 5# 2 ) /

82-0 &%) ) $ %% % ) )'

% %) " "

% !% -23! * " % '% #8#?

!% !% &% # % ) ! ') 0/1 #

# $ ) "

& %

) &)

B 1& -23!)" %)

)'$% %

& &

8 ") )&

!% # ! " '

/4 6

$%)

) &$%% ;1:!%% )%% $% ) ! !

))

) "

) A )

!) ) &)

8$% )%% !%

!)) &) " !

! ) &)

) &)

&%2 &"

"Thus, the whole object of the Act is to provide for the care, protection, treatment, development and rehabilitation of neglected delinquent juveniles. It is a beneficial legislation aimed at to make available the benefit of the Act to the neglected or delinquent juveniles. It is settled law that the interpretation of the Statute of beneficial legislation must be to advance the cause of legislation to the benefit for whom it is made and not to frustrate the intendment of the legislation."

& )' & &% $!%)$ ) * % !

! %&%)&% ") ;$%!% % !%) !

)!$%)$ % %)) !

$% $ ' % % & ) &$%

5) &% % !%) & '% )!

% "))')!

!! ! % ) %

! ')$% #8#?)) % !

% &%% ) % &

) B )

;0) %$% #8#? & %

" % & $ '% )!

%)) A !%) % ) ) ;:% % ! #8#? !

&) "

!%) & & % !

% !%) * '% #%)> )

% E , "

$% ) :;. ) !)' !

$% $ ' % &% !%) %% $ ) $% !%)$ )% )'% &

) ' & !

& %

23 0;

) )'*

& $%

+ : '

+ + '% #%%&%,&%# Sudhir Sharma's case (supra) % #)!,&%# Surabhi Jain's case (supra) % &.

"',&%# Raman's case (supra) ) &$%% &"

))%,&%# Mohammad Zaid'scase (supra) $ ) &%$'!% )) $ % +

+ +$%!%%

* '% ,&%#

'% ,&%# K. Vignesh's case (supra)% .

!% %'

%,&%# Ankesh Gurjar's case (supra) Suhana Khatun's case (supra) '% #)!,&%# ) )'7%)*$*.-99'*(%.5%(#%7& ) $ 0(>(> % >2 4' =+'

"# : H0(>(>$%>%#

"# :

%0(>(> >%5 = 2

"# $% 7%-99'*(%.5%(#%7.-:%$#$0(> (>$$>) )

9, :

) )' #$.%'#>*')%')-.%) , ,

#&>-)%-?&*@8.% $

!%%

%)) !

) !

* )'-2-0 %% -

-23!! !

") $%'%

8 & && !'!% %)) %

% !

8 %

$%%

+8% =% %)) ) ")$% * &

) '

%% !

") $%% & % %)) !

( 9.,>?8 # 89(#,8J+B 8#J -;

-2-0 ?

9J8 % B.(J >%

= * & N >% )