Section 23 of JJ Act : Section 23: No Joint Proceedings Of Child In Conflict With Law And Person Not A Child

Explanation using Example

Imagine a situation where a 16-year-old named Rohit is accused of committing a burglary along with a 25-year-old named Amit. Under Section 23 of The Juvenile Justice (Care and Protection of Children) Act, 2015, Rohit, being a juvenile, cannot be tried in the same court proceedings as Amit, who is an adult. This means that even though they are accused of the same crime, there must be separate legal proceedings for each individual because Rohit falls under the category of a "child" in conflict with the law, and Amit does not.

If, initially, both were being inquired together by the Juvenile Justice Board, and it was later discovered that Rohit was actually 19 years old and not a juvenile, the Board would cease to have jurisdiction over Rohit's case. Consequently, Rohit would have to face legal proceedings in the regular criminal courts, separate from the child, and according to the procedures applicable to adults.