Criminal procedure and juvenile justice

Section 27 CrPC: Jurisdiction in the Case of Juveniles

Section 27 of the Code of Criminal Procedure, 1973 addressed the court competent to try certain offences attributed to persons below sixteen years of age. India now primarily deals with children alleged to have committed offences under the Juvenile Justice (Care and Protection of Children) Act, 2015, as amended.

Current legal position: The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced the CrPC with effect from 1 July 2024. The BNSS does not reproduce former Section 27 as a corresponding standalone provision. The special juvenile justice framework remains governed by the Juvenile Justice Act, 2015, subject to applicable savings and transitional provisions.

Original text of Section 27 CrPC

Any offence not punishable with death or imprisonment for life, committed by any person who at the date when he appears or is brought before the Court is under the age of sixteen years, may be tried by the Court of a Chief Judicial Magistrate, or by any Court specially empowered under the Children Act, 1960 (60 of 1960), or any other law for the time being in force providing for the treatment, training and rehabilitation of youthful offenders.

This provision is reproduced for historical reference and for understanding cases in which the former Code may remain relevant. The reference to sixteen years in this older text must not be mistaken for the present general definition of a child under juvenile justice law.

Which law governs juvenile jurisdiction now?

The Juvenile Justice (Care and Protection of Children) Act, 2015 is the principal special law dealing with children in conflict with law. Under Section 2(12), a child is a person who has not completed eighteen years of age. Section 2(13) defines a child in conflict with law by reference to being below eighteen on the date of commission of the offence, not merely the date of appearance before a court.

Important provisions of the Juvenile Justice Act

Section 4: Establishment of Juvenile Justice Boards (JJBs).
Section 8: Powers, functions and responsibilities of the Board.
Section 9: Procedure for a Magistrate who is not empowered under the Act when a person claims to be a child.
Section 10: Procedure for apprehension of a child alleged to be in conflict with law.
Section 12: Bail rules applicable to a person apparently a child in conflict with law.
Section 14: Inquiry by the Juvenile Justice Board.
Section 15: Preliminary assessment in specified heinous-offence cases involving children aged sixteen or above.
Sections 18 and 19: Orders by the Board and powers of the Children's Court, respectively.

Can a child aged sixteen or seventeen face an adult trial?

Not automatically. For an alleged heinous offence committed by a child who has completed sixteen years, Section 15 provides for a preliminary assessment by the Juvenile Justice Board. Where the statutory conditions are satisfied, the matter may be transferred to a Children's Court, which independently determines the appropriate procedure under Section 19. A preliminary assessment is not itself a criminal trial or a finding of guilt.

Why Section 27 CrPC still matters

The historical text explains how juvenile jurisdiction was expressed in the CrPC. However, its reference to the Children Act, 1960 and its under-sixteen threshold should be read in historical context. For current proceedings, practitioners should consult the Juvenile Justice Act, applicable rules and amendments, and the relevant commencement and saving provisions.

Official legislation and further reading

Legal information is general in nature. Case-specific jurisdiction may depend on the applicable statute, amendments, age determination and procedural history.