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Section 88: Alternative punishment

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

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Act 2015
Section 87 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 89

Legal Commentary & Landmark Judgments: Section 88

Section 88 of the Act provides for alternative punishment, establishing that where an act or omission constitutes an offense under this Act and also under any other Central or State Act, the offender shall be liable to be punished under that Act which provides for greater punishment.

  • Statutory Maximum Punishment Principle: Directs that where overlapping offenses exist across the JJ Act, POCSO Act, IPC/BNS, or NDPS Act, the court shall convict and sentence the offender under the statute prescribing the harsher punishment.
  • Harmonization with Special Penal Enactments: Ensures that the enactment of the Juvenile Justice Act does not dilute severe penalties provided under POCSO or Anti-Human Trafficking laws.
  • Protection Against Double Jeopardy: Clarifies that while the harsher law governs sentencing, the offender cannot be punished twice for the same underlying factual transaction.
Key Landmark Precedents:
  • State of M.P. v. Ramesh (2011) 4 SCC 786: Supreme Court held that where statutory provisions overlap, the court must give effect to the legislative intent providing for greater deterrence to protect vulnerable victims.
  • Independent Thought v. Union of India (2017) 10 SCC 800: Supreme Court affirmed that child protection legislation must be interpreted to maximize penal deterrence against abusers.
  • Sampurna Behura v. Union of India (2018) 4 SCC 433: Affirmed that Section 88 prevents offenders from seeking refuge under lesser penal chapters.
Courtroom Practice & Strategic Litigation Guidance:

In prosecuting child abuse cases where charges overlap between the JJ Act and POCSO Act (e.g., sexual exploitation of a child employee), invoke Section 88 to request sentencing under the harsher POCSO provisions, maximizing justice for the victim.

Section 87 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 89