J.W.F. Beaumont, C.J.@mdashThis is a reference to us by the District Magistrate of Surat. The two accused in this case who were alleged to be
under the age of fifteen years were convicted of theft u/s 379 of the Indian Penal Code by the First Class Magistrate of Chorasi. The learned
Magistrate, acting u/s 563 of the Criminal Procedure Code, released the accused on their entering into a bond of Rs. 50 to be of good behavior
for two months. The District Magistrate has referred the case to us saying that the learned Magistrate who tried the case had no jurisdiction to do
so because he is not one of those specially empowered u/s 29B of the Criminal Procedure Code,
2. Section 29B of the Criminal Procedure Code lays down that any offence, other than one punishable with death or transportation for life,
committed by any person who at the date when he appears or is brought before the Court is under the age of fifteen years may be tried by the
class of Magistrates therein referred to including a Magistrate specially empowered by the Local Government to exercise the powers conferred by
Section 8 (1) of the Reformatory Schools Act, 1897. It seems to me that the words "" may be tried "" are permissive. No doubt the word ""may"" is
sometimes construed as ""shall"" but obviously its prima facie effect is merely permissive and not obligatory. It seems to roe that u/s 29B of the
Criminal Procedure Code a Magistrate other than one of those particularly referred to in the section before whom an offender under the age of
fifteen years is brought was intended to have a discretion. He may deal with the matter under the ordinary provisions of the Code or he may direct
that the accused be dealt with u/s 29B of the Criminal Procedure Code, that is to say, be tried by one of the Magistrates specially empowered
under the section. But, in my view, he is not bound to deal with the case in that way. I think this reference was, therefore, unnecessary (though it
was proper to raise the point) and no order need be made upon it.
Murphy, J.
3. I agree.
