All India Bar Examination (AIBE) 20 (XX) Previous Year Question Papers with Answers

A: Section 27

EXPLANATION AS PER CODE OF CRIMINAL PROCEDURE, 1973 

Section 27 CrPC – Jurisdiction in the case of juveniles:

“Any offence not punishable with death or imprisonment for life, committed by any person who at the date when he appears or is brought before the Court is under the age of sixteen years, may be tried by the Court of a Chief Judicial Magistrate, or by any Court specially empowered under the Children Act, 1960 or any other law for the time being in force providing for the treatment, training and rehabilitation of youthful offenders.”

KEY POINTS:

- Applies to juveniles below 16 years (as per CrPC) for non-serious offences (not punishable with death or life imprisonment).

- The case is to be handled by Chief Judicial Magistrate or Juvenile Court / special court for rehabilitation.

- Note: While the Juvenile Justice (Care and Protection of Children) Act, 2015 now defines a juvenile as below 18 years and overrides many procedural aspects, Section 27 CrPC remains the specific provision in the CrPC that deals with jurisdiction for such cases.

OPTION ANALYSIS:

- A: Section 27 → Correct. Directly deals with jurisdiction for juvenile offenders in such cases.

- B: Section 125 → Maintenance of wives, children and parents (not related).

- C: Section 302 → Punishment for murder (substantive offence, not procedural jurisdiction).

- D: Section 482 → Inherent powers of High Court (not specific to juveniles).