JJ Act | Child Welfare Committee Has No Power To Direct Police To Register FIR; Can Only Report Violations: Allahabad High Court

The bench added that the CWC can only forward a report to the Juvenile Justice Board or to the concerned police authority if it finds a violation of the Prohibition of Child Marriage Act, 2006.

A bench of Justice Chawan Prakash observed thus while setting aside an order passed by the CWC, Badaun, which had directed the police to lodge an FIR under the 2006 Act after finding that a minor girl was pregnant and had been married.

Case in brief

Briefly put, the father (revisionist no. 1) of the minor girl moved an application under Section 156(3) CrPC alleging that four accused persons had enticed away his daughter along with cash and ornaments.

Following his complaint, an FIR was registered under Sections 363, 366 and 376(3) of the IPC and Section 7/8 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

During the investigation, the IO found that the girl was a minor based on her school certificate (about 17-year-old) and the medical examination revealed that she was pregnant. She was then produced before the Child Welfare Committee, Badaun.

The CWC, upon learning that the girl had been married to one Rakesh (revisionist no. 2), concluded that the marriage violated the 2006 Act and thus, it directed the police to register an FIR under that Act.

The father and her husband challenged this direction before the High Court contending that the CWC had exceeded its powers under the JJ Act, 2015.

It was the case of the father (revisionist no.1) that he got the marriage of his daughter solemnized with revisionist no.2 as per Hindu rites and customs and that the age of his daughter was above 18 years at the time of marriage.

The revisionists also argued that while the Child Welfare Committee can ensure care and protection of children and report violations, it cannot exercise judicial powers akin to those under Section 156(3) CrPC by ordering the police to register an FIR.

The Additional Government Advocate, however, maintained that since the girl was under 18 and pregnant, the CWC's direction was justified.

High Court's order

The single judge, at the outset, examined Sections 27 and 30 of the JJ to noted that that the CWC's powers are limited to proceedings concerning children in need of care and protection.

The Court noted that while Section 27(9) allows the Committee to function as a Bench with powers equivalent to a Judicial Magistrate of the First Class, such powers, it held, cannot extend to directing registration of FIRs.

"The powers vested in the Committee are both administrative and judicial in nature and are intended to be exercised solely for the purpose of ensuring the care, protection, rehabilitation, and best interest of the child. The Committee, therefore, cannot exercise such powers to direct the police to register a First Information Report", the Court observed.

Furthermore, holding that the Committee had exceeded its jurisdiction, the Court stated:

"On the basis of aforesaid discussions, this Court is of the considered opinion that the Child Welfare Committee (CWC) is only empowered to forward a report to the Juvenile Justice Board or to the concerned police authority regarding any violation of the Prohibition of Child Marriage Act, 2006".

The Court added that the power to direct registration of FIRs rests exclusively with a Magistrate empowered under Section 190 CrPC.

Accordingly, the High Court set aside the order of the CWC, Badaun, holding that its direction to register an FIR was beyond the scope of its powers and contrary to law.