Section 28 – Alternative Punishment – Juvenile Justice (Care And Protection Of Children)

Where an act or omission constitute an offence punishable under this Act and also under any other Central or State Act, then, notwithstanding anything contained in any law for the time being in force, the offender found guilty of such offences shall be liable to punishment only under such Act as provides for punishment which is greater in degree.

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Comment:

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This section lays down that if any offence which is punishable under the Juvenile Justice ( Care and Protection of Children) Act, 2000, is also included as an offence and made punishable under any other law passed by the State or the Central Government, then in that case, the person who is found guilty of any such offence shall be liable to punishment either under the Juvenile Justice Act, 2000 or the said State or Central Law, whichever of the two provides for a greater punishment.

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