(4) In case a person under this section is required to be
kept in protective custody, while the person’s claim of
being a child is being inquired into, such person may
be placed, in the intervening period in a place of safety.”
14. A perusal of the aforesaid section firstly gives a right
to a person alleged to have committed an offence to claim
that he is a child on the date of commission of offence and
if such a claim is raised, the Court concerned shall make
an inquiry, take such evidence as may be necessary other
than the affidavit to determine the age of such person. The
proviso to sub-section (2) further makes it clear that such
a claim can be raised before any Court and the same could
be recognised at any stage even after the case has been
finally decided. The claim so made would be determined
in accordance with the provisions of the 2015 Act and the
rules made thereunder even if such person has seized to
be a child whether on or before the commencement of
2015 Act. The law provides full coverage to a person who
is established to be a child on the date of the offence to
14
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