Podcast
Questions and Answers
Who has the power to determine the age of a child victim under the POCSO Act?
Who has the power to determine the age of a child victim under the POCSO Act?
What does the POCSO Act define as a child?
What does the POCSO Act define as a child?
When is the provision of Section 94 of the JJ Act applicable?
When is the provision of Section 94 of the JJ Act applicable?
Under what circumstances might a child victim be found by a patrolling police vehicle?
Under what circumstances might a child victim be found by a patrolling police vehicle?
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Who may lodge a FIR alleging sexual abuse on behalf of a child victim under the POCSO Act?
Who may lodge a FIR alleging sexual abuse on behalf of a child victim under the POCSO Act?
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What action should the police take if there is uncertainty about the age of a person accused of a sexual offence?
What action should the police take if there is uncertainty about the age of a person accused of a sexual offence?
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Which documents can be considered to determine the age of a person accused of a sexual offence under Section 94(2) of the JJ Act, 2015?
Which documents can be considered to determine the age of a person accused of a sexual offence under Section 94(2) of the JJ Act, 2015?
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In case birth certificates from school or matriculation are unavailable, what other document can be considered for age determination of a person accused of a sexual offence?
In case birth certificates from school or matriculation are unavailable, what other document can be considered for age determination of a person accused of a sexual offence?
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What can the Juvenile Justice Board (JJB) or Child Welfare Committee (CWC) order if birth certificates and other documents are unavailable to determine the age of a person accused of a sexual offence?
What can the Juvenile Justice Board (JJB) or Child Welfare Committee (CWC) order if birth certificates and other documents are unavailable to determine the age of a person accused of a sexual offence?
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Which body could adhere to the age-determination procedure prescribed under the JJ Act, 2015 for cases under the POCSO Act?
Which body could adhere to the age-determination procedure prescribed under the JJ Act, 2015 for cases under the POCSO Act?
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Study Notes
Age Determination under POCSO Act
- The Court has the power to determine the age of a child victim under the POCSO Act.
Definition of a Child
- A child is defined as a person below the age of 18 under the POCSO Act.
Section 94 of the JJ Act
- Section 94 of the JJ Act is applicable when there is uncertainty about the age of a person accused of a sexual offence.
Circumstances of Child Victim Discovery
- A child victim might be found by a patrolling police vehicle in various circumstances, including during regular patrols or in response to a call.
FIR Alleging Sexual Abuse
- A FIR alleging sexual abuse on behalf of a child victim can be lodged by a parent, guardian, or any other person who has knowledge of the offence.
Uncertainty about Age of Accused
- If there is uncertainty about the age of a person accused of a sexual offence, the police should follow the age-determination procedure prescribed under the JJ Act, 2015.
Documents for Age Determination
- The following documents can be considered to determine the age of a person accused of a sexual offence:
- Birth certificate
- Matriculation or equivalent certificates
- Date of birth certificate from the school
- Medical opinion
Alternative Documents for Age Determination
- If birth certificates from school or matriculation are unavailable, other documents that can be considered for age determination of a person accused of a sexual offence include:
- Baptism certificate
- Affidavit of the mother orfather
Juvenile Justice Board (JJB) or Child Welfare Committee (CWC) Orders
- If birth certificates and other documents are unavailable to determine the age of a person accused of a sexual offence, the JJB or CWC can order a medical examination to determine the age.
Age-Determination Procedure
- The police, JJB, or CWC can adhere to the age-determination procedure prescribed under the JJ Act, 2015 for cases under the POCSO Act.
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Description
Learn about how the POCSO Act defines a child as any person below 18 years of age, and how the age of a child victim is assessed. Understand the jurisdiction of the Special Court in cases involving child victims and the power of age determination vested in the court.
