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Section 89: Offence committed by child under this Chapter

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

Statutory Regulation
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Competent Court / Tribunal
Act 2015
Section 88 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 90

Legal Commentary & Landmark Judgments: Section 89

Section 89 of the Act provides that any child who commits any offense under Chapter IX (Offenses Against Children) shall be treated as a child in conflict with law and dealt with under the provisions of the Act by the Board, prohibiting adult penal trials.

  • Shielding Minor Offenders from Adult Penal Consequences: Provides that if a child below eighteen commits an offense listed in Chapter IX (e.g., assault or petty drug peddling), the child shall not be tried in regular criminal courts.
  • Exclusive Jurisdiction of Juvenile Justice Board: Mandates that minor offenders shall be produced before the JJB and subjected only to reformative dispositions under Section 18.
  • Immunity from Harsh Adult Penal Sanctions: Ensures that children who are themselves victims of criminal coercion or peer delinquency receive counseling and reform rather than prison sentences.
Key Landmark Precedents:
  • Hari Ram v. State of Rajasthan (2009) 13 SCC 211: Supreme Court affirmed that children committing offenses must always be processed through the juvenile justice system, preserving their constitutional right to reform.
  • Barun Chandra Thakur v. Master Bholu (2022) SCC OnLine SC 870: Affirmed that juvenile status guarantees specialized restorative procedures over adult retribution.
  • Sampurna Behura v. Union of India (2018) 4 SCC 433: Affirmed the non-derogable jurisdiction of the JJB over all minor offenders under Section 89.
Courtroom Practice & Strategic Litigation Guidance:

If police attempt to prosecute an older juvenile in regular Sessions Court for an offense under Chapter IX (e.g., alleging abetment of child marriage or drug vending), invoke Section 89 to compel immediate transfer of the case to the Juvenile Justice Board.

Section 88 All 112 Sections of Juvenile Justice (Care and Protection of Children) Act, 2015 Section 90