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Procedure for Magistrate

Procedure for Magistrate
Procedure for Magistrate

Procedure to be followed by a Magistrate who has not been empowered under this Act

Section 9 outlines the procedure to be followed by a magistrate who lacks empowerment under this Act:

Opinion Recording and Forwarding to Board: If a magistrate, not authorized to exercise the powers of the Juvenile Justice Board (JJB) under this Act, believes that the individual brought before them is a child, they must promptly record such opinion and immediately forward the child, along with the record of proceedings, to the JJB having jurisdiction.

Claim of Childhood Before a Non-Board Court: If a person accused of an offense asserts before a court other than a JJB that they are a child or were a child at the time of the offense, or if the court itself believes the person was a child at that time, an inquiry shall be conducted. The court will gather necessary evidence (excluding affidavits) to determine the person's age and record a finding on the matter, specifying the age as accurately as possible. This claim can be raised before any court at any stage, even after the case has been disposed of, and it will be adjudicated according to the provisions of this Act and the accompanying rules, even if the person has ceased to be a child by the time this Act comes into effect.

Forwarding to the Board: If the court determines that the individual committed the offense as a child, it will forward the case to the Juvenile Justice Board for appropriate orders. Any sentence passed by the court will be considered null and void.

Protective Custody: If the person, subject to this section, requires protective custody while their claim of being a child is under investigation, they may be placed in a designated place of safety during this interim period.


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