32. The intention of the legislature was to give benefit to
a person who is declared to be a child on the date of the
offence only with respect to its sentence part. If the
conviction was also to be made ineffective then either the
jurisdiction of regular Sessions Court would have been
completely excluded not only under section 9 of the 2015
Act but also under section 25 of the 2015 Act, provision
would have been made that on a finding being recorded
that the person being tried is a child, a pending trial
should also be relegated to the JJB and also that such trial
would be held to be null and void. Instead, under section
25 of the 2015 Act, it is clearly provided that any
proceeding pending before any Board or Court on the date
of commencement of the 2015 Act shall be continued in
that Board or Court as if this Act had not been enacted.
Section 25 is reproduced hereunder:
“25. Special provision in respect of pending cases.
- Notwithstanding anything contained in this Act, all
proceedings in respect of a child alleged or found to be
in conflict with law pending before any Board or court
35
選擇目標文字3
連接到段落
連接到實體
取消高亮顯示
新增到目錄