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State of Madhya Pradesh - Section

Section 38 in Criminal Courts - Rules and Orders

38.

Where Juvenile Courts have not been established under Section 49 of the Central Provinces Children Act (C.P. X of 1928) it is desirable that cases involving juvenile delinquents should as far as possible be dealt with by a single experienced stipendiary Magistrate having powers not below those of a Magistrate of the first class and preferably one specially empowered under Section 30 of the Code in order to avoid unnecessary references under Section 5 (2) of the Central Provinces Borstal Act (C.P. IX of 1928). "In the case of children under 15 years of age Section 29-B of the Code permits trial for certain offences by Magistrates of a certain standing though this Section does not debar other Magistrates from trying such cases provided they have jurisdiction to try them under Section 28 and column 8 of Schedule II of the Code." The memorandum of distribution of work should provide for this. Attention is invited to the provision of clause 2 of Section 49 of the Central Provinces Children Act (C.P. X of 1928) as to the place and manner of sitting of Magistrates dealing with cases involving young persons.