Mumbai: The Bombay High Court recently upheld a circular issued by the Chief Metropolitan Magistrate (CMM) that states that any adult who commits a crime against a child will not only be tried under the Indian Penal Code (IPC) but also under the Juvenile Justice (JJ) Act.
A Division Bench of Justice Abhay Oka and Justice Anuja Prabhudessai was hearing a criminal petition filed by Jaiprakash Shetty, a 66-year-old resident of Vile Parle (East).
Mr. Shetty had moved HC to quash an FIR for offences that are punishable under the IPC’s Section 370 (buying or disposing of any person as a slave) and Section 374 (unlawful compulsory labour); Section 3 (prohibition of employment of children in certain occupations and processes) and Section 14 (penalties) under the Child Labour (Prohibition and Regulation) Act; and Section 23 (punishment for cruelty to juvenile or child) and Section 26 (exploitation of juvenile or child employee) of the Juvenile Justice (Care and Protection of Children) Act.
On December 5, 2016 the J.J. Board had held Mr. Shetty guilty for exploiting a juvenile employee, which leads to imprisonment of upto six months under the JJ Act and for the offence of unlawful compulsory labour under the IPC.
Mr. Shetty had also challenged the legality and validity of a circular issued by the CMM on April 24, 2015 that charges adults with the JJ Act if they commit crime against children.
The circular is confined to Sections 23 to 28 of the JJ Act — Section 24 (employment of juvenile or child for begging), Section 25 (penalty for giving intoxicating liquor or narcotic drug or psychotropic substance to juvenile or child), Section 27 (special offences) and Section 28 (alternative punishment).
Mr. Shetty says the JJ Board has not been conferred the power to deal with proceedings relating to those who are not juveniles.
The court held the offences mentioned in the circular are those that are committed against a juvenile or a child, and therefore there is nothing illegal about the circular.
