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Section 25: Special provision in respect of pending cases

Juvenile Justice (Care and Protection of Children) Act, 2015 • Official Statutory Text & Practice Guide

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Act 2015
Section 24 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 26

Legal Commentary & Landmark Judgments: Section 25

Section 25 of the Act enacts a special provision in respect of pending cases, declaring that all proceedings in respect of a child pending in any court on the date of commencement of this Act shall be continued as if this Act had not been enacted.

  • Savings for Pending Judicial Inquiries: Ensures that ongoing trials and inquiries initiated under the legacy Juvenile Justice Act, 2000 do not abate upon commencement of the 2015 Act.
  • Application of Beneficial Provisions to Pending Matters: Preserves the beneficial jurisprudence established by the Supreme Court, ensuring pending appeals and revisions retain access to all child-protective rights.
  • Smooth Inter-Statutory Transition: Prevents jurisdictional chaos and institutional disruption across existing Juvenile Justice Boards during legislative transitions.
Key Landmark Precedents:
  • Hari Ram v. State of Rajasthan (2009) 13 SCC 211: Supreme Court affirmed that juvenile justice legislation must be applied beneficially to all pending appeals and revisions, regardless of when the offense occurred.
  • Rishipal Singh Solanki v. State of U.P. (2022) 8 SCC 602: Supreme Court held that claims of juvenility in pending trials and appeals must be evaluated under the beneficial statutory standards governing age proof.
  • Pradeep Kumar v. State of U.P. (2020) 14 SCC 575: Affirmed that pending criminal appeals must give full effect to statutory juvenile protections.
Courtroom Practice & Strategic Litigation Guidance:

In pending appeals where the offense occurred prior to 2016, cite Section 25 read with Hari Ram to establish that the accused is entitled to claim juvenility at the appellate stage, and that adult sentences of imprisonment must be vacated upon proving age below eighteen on the offense date.

Section 24 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 26