The Legal Procedure For Age Determination Of Children In Conflict With The Law: Analyzing Section 34 Of The POCSO Act, 2012
- IJLLR Journal
- 1 hour ago
- 1 min read
Aditya Agrawal, Bharati Vidyapeeth (Deemed to be University) New Law College, Pune
Dev Gangwal, Bharati Vidyapeeth (Deemed to be University) New Law College, Pune
ABSTRACT
The age determination of a child is an important feature of juvenile justice, especially where children in conflict with the law (CICL) are involved. In India, the Protection of Children from Sexual Offences (POCSO) Act, 2012, lays down specific rules for age determination under Section 34. The precision of this process is very important, as it determines whether a person is to be treated as a minor or an adult in court. The Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) also features prominently in framing the legal scheme for age determination. The current research paper takes a closer look at the procedure of determining the age under Section 34 of the POCSO Act, its interplay with the JJ Act, and judicial interpretation of the relevant provisions. Additionally, it discusses the difficulties encountered in precisely ascertaining age and recommends steps for enhancing the legal framework for better enforcement.
