Section 27 CrPC: Jurisdiction in the Case of Juveniles
Section 27 of the Code of Criminal Procedure, 1973 dealt with the forum for trying certain offences committed by persons below sixteen years of age. Before the Bharatiya Nagarik Suraksha Sanhita, 2023 came into force, however, juvenile justice proceedings were principally governed by the later and special Juvenile Justice (Care and Protection of Children) Act, 2015.
Text and meaning of Section 27 CrPC
In substance, the provision stated that where an offence not punishable with death or imprisonment for life was committed by a person who was under sixteen years of age when appearing or being brought before the Court, the matter could be tried by the Chief Judicial Magistrate or by a Court specially empowered under the applicable law dealing with youthful offenders.
The section was therefore a jurisdictional provision. Its original language reflected the statutory framework existing when the Code of Criminal Procedure, 1973 was enacted. It did not remain the complete statement of juvenile justice law after Parliament enacted later special legislation governing children in conflict with law.
Important expressions explained
| Juvenile under Section 27 CrPC | The text of Section 27 referred to a person under sixteen years of age at the relevant stage described in that provision. |
|---|---|
| Child under the 2015 Act | Section 2(12) of the Juvenile Justice (Care and Protection of Children) Act, 2015 defines a child as a person who has not completed eighteen years of age. |
| Child in conflict with law | Under Section 2(13) of the 2015 Act, this means a child alleged or found to have committed an offence who had not completed eighteen years of age on the date of commission of the offence. |
| Juvenile Justice Board | The Board constituted under Section 4 of the 2015 Act is the statutory body that deals with children in conflict with law in accordance with that Act. |
Effect of the Juvenile Justice Act, 2015
The Juvenile Justice (Care and Protection of Children) Act, 2015 created a comprehensive special regime for children below eighteen years. Section 1(4) gives that Act overriding application, notwithstanding anything inconsistent in another law, to matters concerning children in conflict with law, including apprehension, detention, prosecution, penalty or imprisonment, rehabilitation and social reintegration.
Accordingly, immediately before implementation of the BNSS, Section 27 CrPC had to be read together with, and subject to, the Juvenile Justice Act, 2015. The older reference in Section 27 to a person below sixteen years could not be treated as reducing the protection and procedure applicable under the later special law to children below eighteen years.
Which authority dealt with a child in conflict with law?
Under the 2015 Act, a child alleged to have committed an offence is dealt with through the Juvenile Justice Board and the procedure prescribed by that Act. The nature of the offence and the age of the child are relevant to the statutory procedure.
Children aged sixteen to eighteen accused of a heinous offence
The 2015 Act contains a special procedure for a child who has completed or is above sixteen years and is alleged to have committed a heinous offence. Section 15 provides for a preliminary assessment by the Juvenile Justice Board regarding the child's mental and physical capacity to commit the offence, ability to understand its consequences, and the circumstances in which it was allegedly committed. This assessment is not itself a trial.
Where the statutory requirements are met, the matter may proceed in accordance with the special provisions of the 2015 Act concerning the Children's Court. Thus, the treatment of such a case is governed by the special juvenile justice framework rather than by reading Section 27 CrPC in isolation.
Why Section 27 CrPC remained relevant
Section 27 remained part of the Code of Criminal Procedure, 1973 until the new criminal procedure legislation took effect. It is relevant for understanding the historical allocation of criminal jurisdiction and for proceedings in which the applicable saving or transitional provisions require reference to the CrPC. For juvenile justice, however, the later special enactment supplied the controlling statutory framework before BNSS implementation.
Practical summary
Section 27 CrPC originally authorised specified courts to try certain offences involving persons under sixteen years. By the period immediately preceding the BNSS, the Juvenile Justice (Care and Protection of Children) Act, 2015 governed children in conflict with law up to eighteen years of age and contained overriding, specialised procedures. Any legal analysis of Section 27 for that period should therefore read it in harmony with the 2015 Act rather than applying its older age threshold as a standalone rule.
Related CrPC provisions
For the surrounding provisions on criminal courts, prosecutors, trial jurisdiction and sentencing powers, see the linked sections in the sidebar and the Code of Criminal Procedure, 1973 overview.
Note: This page is an informational explanation of the legal position before implementation of the BNSS. The applicable law in a particular proceeding may depend on the date of the alleged offence, procedural stage, transitional provisions and other case-specific facts.