B.B. DEB, J.— On a reference under Section 395 (1) of the Code of Criminal Procedure, received from the learned Additional Sessions Judge, North Tripura, Dharmanagar in connection with Sessions Trial No. 48(NT/D) of 2001, this Criminal Reference Petition has been registered. 2. The facts leading to the registration of this case could be summarised thus : On the basis of a charge sheet involving five accused persons including accused Shri Gopesh Debnath, appears to be a juvenile, in the commission of offence punishable under Section 376(1), 323 read with Section 34 of I.P.C., the learned Magistrate took cognizance and committed the case to the learned Additional Sessions Judge. After thorough perusal of the materials available and after hearing the learned counsel for the parties, the learned Additional Sessions Judge framed charge under Section 376(1) of the I.P.C. against the juvenile accused Shri Gopesh Debnath and under Section 323/34 I.P.C. against five accused persons including juvenile Gopesh Debnath. When the provisions of "The Juvenile Justice (Care and Protection of Children) Act, 2000" (in short "the Juvenile Justice Act") was brought to the notice of the learned Additional Sessions Judge, he transmitted the case record to the learned Chief Judicial Magistrate, West Tripura, Agartala, a Juvenile Court for disposal, but the learned Chief Judicial Magistrate, West Tripura, Agartala returned the case record making an observation that "he was unable to try the case as the Government after the repeal of the Juvenile Justice Act, 1986 (53 of 1986) had not constituted the Juvenile Justice Board as required under Section 4 of the Juvenile Justice (Care and Protection of Children) Act, 2000". Besides, the learned Chief Judicial Magistrate observed that "the State Government had not provided him the infrastructure for the smooth running of the Juvenile Court". On receipt back the case record, the learned Additional Sessions Judge, North Tripura, Dharmanagar referred the case under Section 395 of the Code of Criminal Procedure for decision. 3. For deciding the question involved in this case, the provisions of Sections-2(k), 2(1), 4, 14, 17 and 18 of the Juvenile Justice Act are very much relevant and as such are excerpted below :- "2 (k) "juvenile" or "child" means a person who has not completed eighteenth year of age." 2(1) "juvenile in conflict with law" means a juvenile who is alleged to have committed an offence". "4. Juvenile Justice Board. "4. Juvenile Justice Board. - (1) Notwithstanding anything contained in the Code of Criminal Procedure 1973 (2 of 1974), the State Government may, by Notification in the Official Gazette, constitute for a district or a group of districts specified in the notification, one or more Juvenile Justice Boards for exercising the powers and discharging the duties conferred or imposed on such Beards in relation to juveniles in conflict with law under this Act, (2) A Board shall consist of a Metropolitan Magistrate or a Judicial Magistrate of the first class, as the case may be, and two social workers of whom at least one shall be a woman, forming a Bench and every such Bench shall have the powers conferred by the Code of Criminal Procedure, 1973 (2 of 1974), on a Metropolitan Magistrate, or, as the case may be, a Judicial Magistrate of the first class and the Magistrate on the Board shall be designated as the principal Magistrate, (3) No Magistrate shall be appointed as a member of the Board unless he has special knowledge or training in child psychology or child welfare and no social worker shall be appointed as a member of the Board unless he has been actively involved in health, education, or welfare activities pertaining to children for at least seven years. (4) The term of office of the members of the Board and the manner in which such member may resign shall be such as may be prescribed, (5) The appointment of any member of the Board may be terminated after holding inquiry, by the State Government, if (i) he has been found guilty of misuse of power vested under this Act, (ii) he has been convicted of an offence involving moral turpitude, and such conviction has not been reversed or he has not been granted full pardon in respect of such offence, (iii) he fails to attend the proceedings of the Board for consecutive three months without any valid reason or he fails to attend less than three-fourth of the sittings in a year." "14. Inquiry by Board regarding juvenile -Where a juvenile having been charged with the offence is produced before a Board, the Board shall hold the inquiry in accordance with the provisions of this Act and may make such order in relation to the juvenile as it deems fit: Provided that an inquiry under this section shall be completed within a period of four months from the date of its commencement, unless the period is extended by the Board having regard to the circumstances of the case and in special cases after recording the reasons in writing for such extension." "17. Proceeding under Chapter VIII of the Code of Criminal Procedure not competent against. Juvenile. - Notwithstanding anything to the contrary contained in the Code of Criminal Procedure, 1973 (2 of 1974) no proceeding shall be instituted and no order shall be passed against the juvenile under Chapter VIII of the said Code." "18. No joint proceeding of juvenile and person not a juvenile.- (1) Notwithstanding anything contained in Section 223 of the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law for the time being in force, no juvenile shall be charged with or tried for any offence together with a person who is not a juvenile. (2) If a juvenile is accused of an offence for which under Section 223 of the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force, such juvenile and any person who is not a juvenile would, but for the prohibition contained in sub-section (1), have been charged and tried together, the Board taking cognizance of that offence shall direct separate trials of the juvenile and the other person." 4.1 have heard Mr. D. Sarkar, learned Public Prosecutor at length. 5. From the provision of Section 14 of the Juvenile Justice Act, it reveals that where a juvenile charged with an offence is produced before a Board, the Board shall hold the inquiry in accordance with the provisions of the Act and may make such order in relation to the juvenile as it deems fit. Section 17 of the Juvenile Justice Act says that no proceeding is permissible to be instituted, investigated or tried under Chapter VIII of the Code of Criminal Procedure against a juvenile if there is any inconsistency between the two legislations. Section 17 of the Juvenile Justice Act says that no proceeding is permissible to be instituted, investigated or tried under Chapter VIII of the Code of Criminal Procedure against a juvenile if there is any inconsistency between the two legislations. Under Section 18 of the Juvenile Justice Act no juvenile shall be charged or tried together with any other person who is not a juvenile for any offence committed conjointly. 6. Total prohibition is there, forbidding institution of any criminal proceedings against a juvenile under Chapter VIII of the Code of Criminal Procedure. Chapter VIII of the Cr.P.C. consists of Sections 106 to 124 of the Cr.P.C. under the caption "Security for Keeping the Peace And For Good Behaviour" and as such I am of the considered opinion that in view of the Juvenile Justice Act, no criminal proceeding could be instituted, investigated or inquired against a juvenile for the matters covered by Chapter VIII of the Cr.P.C. In the present case, the juvenile is charged under Section 376 (1) I.P.C. and admittedly not falling within chapter VIII of the Cr.P.C. and as such the prohibition prescribed under Section 17 of the Juvenile Justice Act is not applicable to the present case. In view of Section 18 of the Juvenile Justice Act, a juvenile cannot be tried together for an offence with other adult person(s) who is not a juvenile. The present case is squarely covered by Section 18. In a single trial, the juvenile is charged under Section 376(1) I.P.C. and conjointly with other non-juveniles for commission of the offence under Section 323/34 I.P.C. Under Section 14 of the Juvenile Justice Act in-case a juvenile is produced before the Board, constituted Under Section 4 of the Act, the case against the juvenile is to be investigated, inquired into or tried by the Juvenile Justice Board constituted by the Government. But from the record, it reveals that till date the Juvenile Justice Board has not been constituted in the State under the provisions of the Juvenile Justice Act, 2000. 7. The Juvenile Justice Act is a social legislation for rehabilitation of juvenile offenders. Unless a juvenile offender is well treated/rehabilitated in accordance with the objects and directives enshrined under the Juvenile Justice Act, the repetition of producing anti-social elements cannot be avoided. 7. The Juvenile Justice Act is a social legislation for rehabilitation of juvenile offenders. Unless a juvenile offender is well treated/rehabilitated in accordance with the objects and directives enshrined under the Juvenile Justice Act, the repetition of producing anti-social elements cannot be avoided. The neglected juveniles would be a burden upon the society and they would undoubtedly create havoc in maintaining law and order. The society had the experience of Daod Ibrahim, Choota Shakil and the like. Having had the past experience, the parliament came forward with the Juvenile Justice (Care and Protection of Children) Act, 2000 in order to eliminate the evils of the society by way of rehabilitation, but till date the State Government has not constituted the Board. 8. The Criminal Court cannot wash its hands referring to the provisions of Juvenile Justice Act. Since total prohibition is not there, in my considered opinion, pending constitution of the Juvenile Justice Board, the respective criminal court has the jurisdiction to try a juvenile offender in accordance with the general provision of law as embodied in the Code of Criminal Procedure, but the investigation, inquiry or trial should not be held in open court, but in camera and the assistance of Probation officer shall be ensured during the proceedings, but in no case, a juvenile shall be tried along with non-juvenile accused person. On conviction of a juvenile, of course on recording evidence, the convict juvenile shall not be sent to imprisonment where the inmates are non-juveniles. If protected home is available or separate reforms house within four walls restricting their free movement is available, they should be kept there affording opportunities for imparting adequate and suitable educational facilities including professional/vocational education. If no such infrastructure is available then the juvenile convicts be allowed to be kept by their guardian but under the strict supervision of Probation Officer till he/ they attains/attain the age of 18 years. 9. In view of what have been discussed above, the reference is answered and the learned trial court is directed to do the needful accordingly. The case is disposed off.