the person alleged to have committed the offence and
brought before him is a child, he shall, without any
delay, record such opinion and forward the child
immediately along with the record of such proceedings
to the Board having jurisdiction.
(2) In case a person alleged to have committed an
offence claims before a court other than a Board, that
the person is a child or was a child on the date of
commission of the offence, or if the court itself is of the
opinion that the person was a child on the date of
commission of the offence, the said court shall make an
inquiry, take such evidence as may be necessary (but
not an affidavit) to determine the age of such person,
and shall record a finding on the matter, stating the age
of the person as nearly as may be:
Provided that such a claim may be raised before any
court and it shall be recognised at any stage, even after
final disposal of the case, and such a claim shall be
determined
in
accordance
with
the
provisions
contained in this Act and the rules made thereunder
even if the person has ceased to be a child on or before
the date of commencement of this Act.
(3) If the court finds that a person has committed an
offence and was a child on the date of commission of
such offence, it shall forward the child to the Board for
passing appropriate orders and the sentence, if any,
passed by the court shall be deemed to have no effect.
13
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