Section 9: Procedure to be followed by a Magistrate who has not been empowered under this Act
Juvenile Justice (Care and Protection of Children) Act, 2015 • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2015
Legal Commentary & Landmark Judgments: Section 9
Section 9 of the Juvenile Justice Act, 2015 establishes the mandatory statutory mechanism for raising and determining a plea of juvenility before ordinary criminal courts at any stage of proceedings.
Section 9 guarantees that a plea of juvenility can be raised and determined at any stage of proceedings, mandating immediate transfer of the minor to the Juvenile Justice Board.
Sub-section (2) codifies the landmark principle that a claim of juvenility may be raised before any court at any stage, even after the final disposal of the case or in appeal or revision. If the court finds the person was a juvenile on the date of commission of the offence, it must forward the person to the Board. Sub-section (3) clarifies that any sentence passed by an ordinary court upon such person shall be deemed to have no effect in law.
Section 9 represents one of the most benevolent provisions in Indian criminal jurisprudence. It ensures that an individual who was a juvenile when the alleged act occurred never suffers adult penal consequences due to ignorance, poverty, or procedural default during trial, completely nullifying invalid adult sentences retrospectively.