10 Questions
Who has the power to determine the age of a child victim under the POCSO Act?
The Special Court under Section 34 of the Act
What does the POCSO Act define as a child?
Any person below 18 years of age
When is the provision of Section 94 of the JJ Act applicable?
When determining the age of the child victim
Under what circumstances might a child victim be found by a patrolling police vehicle?
Abandoned on the roadside
Who may lodge a FIR alleging sexual abuse on behalf of a child victim under the POCSO Act?
A parent or guardian of the victim child
What action should the police take if there is uncertainty about the age of a person accused of a sexual offence?
Produce the person before the CWC or Special Court under the POCSO Act
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?
Birth certificate from school or matriculation certificate
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?
Birth certificate from a corporation or municipal authority
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?
Ossification test or latest medical age determination test
Which body could adhere to the age-determination procedure prescribed under the JJ Act, 2015 for cases under the POCSO Act?
Special Court under the POCSO Act
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.
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.
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