Section 5 JJ Act: Placement of person, who cease to be a child during process of inquiry

Section 5 of Juvenile Justice (Care and Protection of Children) Act, 2015: Placement of person, who cease to be a child during process of inquiry

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

Where an inquiry has been initiated in respect of any child under this Act, and during the course of such inquiry, the child completes the age of eighteen years , then, notwithstanding anything contained in this Act or in any other law for the time being in force , the inquiry may be continued by the Board and orders may be passed in respect of such person as if such person had continued to be a child.

Legal Commentary & Landmark Judgments: Section 5

Section 5 of the Act governs the placement of a person who ceases to be a child during the process of inquiry, ensuring that attaining eighteen years of age while an inquiry is pending does not divest the Juvenile Justice Board of jurisdiction.

Unbroken Retrospective JJB Jurisdiction: Provides that where an inquiry has commenced regarding a child who subsequently attains the age of eighteen years, the inquiry shall continue before the Board as if the person were still a child.
Prohibition Against Adult Prison Transfers: Precludes transferring the youth to adult jails or ordinary criminal courts merely on account of crossing eighteen years during prolonged proceedings.
Applicability of Juvenile Reformative Dispositions: Guarantees that upon conclusion of the inquiry, the Board may only pass reformative orders permissible under the Act, completely barring regular adult penal sentences.

Key Landmark Precedents:

Hari Ram v. State of Rajasthan (2009) 13 SCC 211: Supreme Court held that the critical date for determining juvenility is the date of commission of the offense; age acquired subsequently during trial or inquiry is completely immaterial.
Pradeep Kumar v. State of U.P. (2020) 14 SCC 575: Supreme Court held that where an accused was below eighteen on the date of the incident, turning thirty or forty during prolonged appeals does not extinguish juvenile protections; adult prison sentences must be vacated.
Abuzar Hossain v. State of Bihar (2012) 10 SCC 120: Constitution Bench affirmed that juvenile status attaches to the transaction of offense and survives across all subsequent procedural stages.

Courtroom Practice & Strategic Litigation Guidance:

If a CCL (child in conflict with law) turns eighteen during JJB proceedings, object to any police or prosecution prayer seeking transfer to regular criminal courts; under Section 5, the Board retains exclusive jurisdiction until final disposal.

Section 5: Placement of person, who cease to be a child during process of inquiry

Section 5 of Juvenile Justice (Care and Protection of Children) Act, 2015: Placement of person, who cease to be a child during process of inquiry

Legal Commentary & Landmark Judgments: Section 5