RAGHBIR vs STATE OF HARYANA

The Supreme Court held that a child under 16 years of age accused of murder can be tried under the Haryana Children Act, 1974, as the Act provides for separate treatment of delinquent children. The Court clarified that Section 27 of the Criminal Procedure Code, 1973 does not bar such trials, as it does not explicitly exclude the application of the Children Act. The intention of the legislature was to ensure that delinquent children are not treated as hardened criminals, thereby promoting rehabilitation. The Court emphasized that any conflict between the Haryana Children Act and the Criminal Procedure Code would render the conflicting provisions void to the extent of repugnancy under Article 254(1) of the Constitution.