JJ Act overrides NIA Act; MP HC: UAPA juvenile to face Children’s Court

JJ Act overrides NIA Act; MP HC: UAPA juvenile to face Children’s Court

In Special Case No. 4/2017, registered by the National Investigation Agency (NIA), one of the accused was found to be a juvenile at the time of the offence. The Juvenile Justice Board, after assessing the circumstances, directed that the juvenile be tried as an adult and transferred the case to the Children’s Court. Since the offences were scheduled under the NIA Act, a jurisdictional conflict arose between the Children’s Court and the Special NIA Court. The Madhya Pradesh High Court resolved this by interpreting the respective non-obstante clauses of both statutes. It held that the Juvenile Justice Act, being later in time (2015) and broader in scope, prevails over the NIA Act (2008), which only overrides the Code of Criminal Procedure. The JJ Act’s clause overrides “any other law in force,” affirming its primacy. The Court concluded that when a juvenile is tried as an adult, the Children’s Court—not the NIA Court—has jurisdiction, even for NIA-scheduled offences.