1980 INSC 0120
                                                Sheo Shankar Singh

                                                           Vs

                                                    State of Bihar

                                        Criminal Appeal No. 220 of 1980

                                    (CJI Y. V. Chandrachud, D. A. Desai JJ)

                                                      18.03.1980

                                                        ORDER

1. Heard counsel. Special leave granted.

2. We had called for a report form the Civil Surgeon on the age of the appellant - Sheo Shankar
Singh - since it was argued before us that, when the offence was committed, the appellant was a
'child' within the meaning of the Bihar Children Third Ordinance, 1979. The Civil Surgeon of
Bhojpur, Arrah, has sent his report saying that on February 14, 1980, the appellant was between 18
to 20 years of age. Since the offence was committed about five years before the date of examination
by the Civil Surgeon, the appellant must have been less than 16 years of age then.

3. The Bihar Ordinance defines a 'child' to mean "a boy or a girls who has not attained the age or
sixteen years or eighteen years, respectively, as the case may be". Since the appellant was less than
16 years of age of the time when the offence was committed, the provisions of the Ordinance are
clearly attached.

4. The prosecution against the appellant was pending on the date when the Ordinance came into
force. Clause 26 of the Ordinance provides, insofar as is material that :

                  Notwithstanding anything contained in this Act all proceedings in respect of a child
                  pending in any court in any area on the date on which this Act comes into force in
                  that area, shall be continued in that court as if this Act had not been based; if the
                  court finds that the child has committed any offence, it shall record such finding and
                  instead of passing any sentence, it shall forward the child to the children's court
                  which shall pass orders in respect of that child in accordance with the provisions of
                  this Act as if the court was satisfied on inquiry under this Act that the child has
                  committed the offence. /

5. Clause 21 of the Ordinance provides, to the extent material, that " (1) Where a children's court is
satisfied on enquiry that a child has committed an offence...... the children's court may" pass may of
the orders provided for under the clause. It now becomes necessary to direct that the children's court
will deal with the case and pass an appropriate order under Clause 21.

6 In view of the provisions of the Bihar Ordinance we confirm the order of conviction but set aside
the order of sentence and remit the matter to the children's court for passing an appropriate order
under Clause 21 of the Ordinance.
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