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State of West Bengal - Section

Section 28 in West Bengal Children Act, 1959

28. Prohibition of joint trial of child and adult.

(1)Notwithstanding anything to the contrary contained in section 239 of the Code of Criminal Procedure, 1898, or any other law for the time being in force, no child shall be charged with, or tried for, any offence together with an adult.
(2)Where a child and an adult are accused of an offence for which under section 239 of the Code of Criminal Procedure, 1898, (Act V of 1898). or any other law for the time being in force, they would, but for the prohibition contained in sub-section (1), be charged and tried together, the Court taking cognizance of the. offence shall direct separate trials of the child and the adult.