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Discussion

When a child in conflict with law is in custody while undergoing trial, is declared adult under Section 18(3) of the Juvenile Justice (Care and Protection of Children) Act upon crossing the age of 18 years during the course of trial, Which of the following option is available to the trial court in such a situation?

  • A.To allow the child to go home after advise or admonition.
  • B.To drop the proceedings and release the child from custody forthwith.
  • C.To direct the child to be released on probation of good conduct
  • D.Send the child to a place of safety.

Answer: D

The trial court can send the child to a place of safety.

Under the Juvenile Justice (Care and Protection of Children) Act, 2015, a child aged sixteen to eighteen accused of a heinous offence and ordered to be tried as an adult is not lodged in an adult jail. Section 49 requires each State to set up a place of safety for persons above eighteen and for such children, during inquiry and after conviction, and Section 19(3) keeps a child found in conflict with law in a place of safety until twenty-one.

Release after advice or admonition and release on probation are dispositions the Board can make under Section 18(1), not options in a trial as an adult, and crossing eighteen during the trial is no ground for dropping the proceedings.

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