Child Welfare Committee Cannot Direct Police to Register FIR For Violation Of Prohibition of Child Marriage Act: Allahabad High Court

The Allahabad High Court stated that the Child Welfare Committee (CWC) is empowered only to forward a report to the Juvenile Justice Board or the concerned police authority regarding any violation of the Prohibition of Child Marriage Act, 2006, and CWC cannot exercise such powers to direct the police to register a First Information Report.

The main question before this Court is whether the Child Welfare Committee is empowered to direct the police to register an F.I.R. 

The Single-Judge Bench Justice Chawan Prakash stated that, “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.”

Further Court added, “the Committee (CWC) functions as a Bench and exercises powers equivalent to those of a Judicial Magistrate of the First Class or Metropolitan Magistrate under the Code of Criminal Procedure, 1973. However, these powers are limited to proceedings concerning children in need of care and protection. 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.”

Advocate Sarvajeet Singh appeared for the Revisionist and Government Advocate for the State.

Brief Facts

The father of a minor girl filed an application under Section 156(3) Cr.P.C. stating that he went to his field, leaving his daughter alone at home, whereupon four accused persons, in collusion, enticed away his daughter along with cash and ornaments. Later, he found his daughter lying unconscious near the house of one accused and took her back home. Following that, F.I.R. registered under Sections 363, 366, 376(3) I.P.C., and Sections 7 and 8 POCSO Act against the four accused persons. During investigation, the Investigating Officer found that the victim was a minor based on the school certificate, and CWC, on perusal of the medical examination report, found that the victim was pregnant and that she had entered into marriage with revisionist no. 2. The Committee handed over the custody of the child to her father but at the same time directed the concerned police to register a First Information Report against the concerned persons under the provisions of the Prohibition of Child Marriage Act, 2006, as the age of the victim was below 18 years.

Cause Title: Rishi Pal And Another v. State of U.P. and Another (Criminal Revision no. - 3622 of 2021)

Appearence

Revisionist: Advocate Sarvajeet Singh

Opposite Party: Government Advocate

Click here to read/download the Order