8. What are the procedures to be followed when a person, who was a child at the time of committing an offence, is brought before a court?
Step
Procedure
1. Recording Opinion
If a person brought before a Magistrate is believed to be a child, the Magistrate must record this opinion and immediately send the child to the relevant Juvenile Justice Board.
2. Claim of Being a Child
If a person claims to have been a child when the offence was committed, or the court believes they were, an inquiry should be conducted to determine the person’s age.
3. Disputed Age
In cases where the person’s age is disputed, the court must gather evidence and record the age as accurately as possible.
4. Stage of Claim
The claim of the person being a child can be made at any stage of the proceedings, even after the final decision has been made.
5. Finding of Being a Child
If the court finds that the person was a child when the offence was committed, they will forward the case to the Board, and any court sentence will be considered void.
6. Protective Custody
If a person is being kept in protective custody while their age is being determined, they may be placed in a place of safety.
7. Prompt Inquiry
The inquiry into the person’s age must be done quickly to avoid unnecessary delays in proceedings.
8. Prescribed Rules
The inquiry process should follow the rules prescribed under the Juvenile Justice Act to ensure fairness and accuracy.
9. Board’s Decision
If the person is confirmed to be a child, the Board will decide on the appropriate action or rehabilitation plan.
10. No Sentence
The court should not pass any sentence if the person is found to be a child at the time of committing the offence.
11. Care and Consideration
During the inquiry, the person should be treated with care and consideration, ensuring that their rights are protected.
12. FIR Registration
The Board may order the police to register an FIR for any offences committed by the child, as required under the Act.
13. Purpose of Inquiry
The inquiry procedure is designed to ensure that children are treated fairly and given an opportunity for rehabilitation, rather than punishment.
