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Inquiry and Procedure


Inquiry and Procedure
Inquiry and Procedure

Content:-



Placement of person, who cease to be a child during process of inquiry

Section 5 addresses the scenario where an inquiry has commenced for a child under this Act, and during the inquiry process, the child reaches the age of eighteen.


Despite this change in age, the inquiry can still be pursued by the Board, and orders can be issued concerning the individual as if they were still considered a child. This provision overrides any conflicting provisions in this Act or any other prevailing laws.



Placement of persons, who committed an offence, when person was below the age of eighteen years

Section 6 outlines the procedure for individuals who, upon reaching the age of eighteen, are apprehended for an offense committed when they were below eighteen years old:


Treatment as a Child: Upon apprehension, if the individual has turned eighteen but committed the offense when they were under eighteen, they shall, subject to the provisions of this section, be considered as a child during the inquiry process.


Placement in a Place of Safety: If not released on bail by the Board, the individual mentioned in subsection (1) shall be placed in a designated place of safety for the duration of the inquiry.


Adherence to Juvenile Justice Procedure: Throughout the inquiry process, the individual referred to in subsection (1) shall be treated in accordance with the procedures specified under the provisions of this Act.

 
 

Procedure in relation to Board

Section 7 outlines the procedural aspects concerning the functioning of the Juvenile Justice Board (JJB):


Meeting and Conduct: The Board convenes at designated times and adheres to prescribed rules regarding the conduct of business during its sessions. It ensures that all procedures are child-friendly, and the environment is non-intimidating, unlike regular court settings.


Individual Member Hearing: If the Board is not in session, a child in conflict with the law may be presented before an individual member of the Board.


Board Functionality: The Board retains the authority to proceed with its duties even in the absence of any member. Absence of a member at any stage of the proceedings does not render the Board's orders invalid. However, during the final disposal of a case or when making an order under subsection (3) of section 18, there must be at least two members present, including the Principal Magistrate.


Resolution of Differences: In the event of disagreement among Board members regarding interim or final decisions, the majority opinion prevails. If there is no majority, the opinion of the Principal Magistrate holds sway.


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