S VICTORIA Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) VICTORIA, sister of Kumar, now confined in Central Prison, Madurai seeks release of her brother, extending him the benefit of the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter, in short, J.J. Act).

(2.) ACCORDING to the learned counsel for the petitioner, on the date when the offence was committed, the detenu was below 18 years. He is a Juvenile in conflict with law. He is entitled to the benevolent provisions of J.J Act. Thus, he cannot be sentenced as against the provisions of the Juvenile Justice Act. Applying the provisions, he is entitled to be released.

(3.) J.J Act is intended to deal with the Juveniles in conflict with law. A Juvenile is one either male or female, below 18 years. Another parallel enactment is Tamil Nadu Borstal Schools Act, 1925. Though their object is same, there is vital difference between both. So far as J.J Act is concerned, the crucial date is date of commission of the offence. But, so far as the Borstal Schools Act is concerned, it is date of conviction. So far as J.J is concerned, on the date when the offence was committed, the accused must be below 18 years, whereas under the Borstal Schools Act, on the date of conviction, the accused must be above 18 years but below 21 years. Under the J.J.Act, at the most, a person can be detained in an Observation Home upto 3 years whereas under the Borstal Schools Act, 1925 it is upto 5 years.