POCSO Act Section 34 — Procedure in case of commission of offence by child and determination of age by Special Court

Summary

Sub-section (1) states that if any offence under this Act is committed by a child, that child will be dealt with under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015.

Sub-section (2) states that if a question arises in any proceeding before the Special Court about whether a person is a child or not, the Special Court must determine that question by satisfying itself about the person's age, and it must record in writing its reasons for that determination.

Sub-section (3) states that no order made by the Special Court will be considered invalid merely because it is later proved that the age determined by the Special Court under sub-section (2) was not the correct age of that person.

Official Text

(1) Where any offence under this Act is committed by a child, such child shall be dealt with under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016).

(2) If any question arises in any proceeding before the Special Court whether a person is a child or not, such question shall be determined by the Special Court after satisfying itself about the age of such person and it shall record in writing its reasons for such determination.

(3) No order made by the Special Court shall be deemed to be invalid merely by any subsequent proof that the age of a personas determined by it under sub-section (2) was not the correct age of that person.

Related Judgments

• Maherban Hasan Babu Khan vs The State of Maharashtra and Anr — Bombay High Court (Mumbai Principal Seat) (2023)
• P. YUVAPRAKASH vs STATE REP. BY INSPECTOR OF POLICE — Supreme Court of India (2023)
• THE STATE OF UTTAR PRADESH vs ANURUDH & ANR — Supreme Court of India (2026)
• MS. EERA THROUGH DR. MANJULA KRIPPENDORF vs STATE (GOVT. OF NCT OF DELHI) & ANR — Supreme Court of India (2017)