Section 9 of JJ Act : Section 9: Procedure To Be Followed By A Magistrate Who Has Not Been Empowered Under This Act

Explanation using Example

Imagine a scenario where a 17-year-old boy is arrested for theft and brought before a Magistrate who does not have the authority to deal with juvenile cases as per the Juvenile Justice (Care and Protection of Children) Act, 2015. Upon realizing the boy's age, the Magistrate records his opinion that the boy is a child and, following Section 9(1) of the Act, sends him to the Juvenile Justice Board, which is the competent authority to handle cases involving minors.

In another instance, a 20-year-old individual is on trial for a crime they allegedly committed at the age of 16. The individual informs the court of their age at the time of the offence. The court, following Section 9(2), conducts an inquiry and determines that the individual was indeed a child when the crime was committed. The court records this finding and, as per Section 9(3), refers the case to the Juvenile Justice Board for appropriate orders, rendering any sentence passed by the court ineffective.

During the age determination process, if the individual needs to be held in custody, Section 9(4) allows for them to be placed in a safe environment, known as a 'place of safety', until their age is confirmed and the Juvenile Justice Board takes over the proceedings.