LI Network
Published on: December 29, 2023 at 15:36 IST
In a recent judgment, the Bombay High Court clarified that an accused asserting juvenile status is not obligated to furnish a Date of Birth (DOB) certificate exclusively from their “first” school. Instead, any certificate from a school attended can be submitted as per the provisions of the Juvenile Justice Act 2015 (JJ Act).
Justice SM Modak overturned a trial court’s decision that had based its assessment on the outdated JJ Act and Rules. The case involved an FIR for kidnapping and rape, along with charges under sections 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act. The accused contended that he was a juvenile at the time of the offense in 2018.
The Sessions Court had directed the accused to provide documents regarding his date of birth, citing Section 12(3) of the Juvenile Justice (JJ) Rules 2007, which mandated a certificate from the first school attended.
However, Justice Modak noted that the trial court had considered Rule 12(3) of the 2007 Rules, whereas the 2015 Act and 2016 Rules are now in force.
Quoting a Supreme Court judgment in Rishipal Singh Solanki vs. State of Uttar Pradesh (2021), the High Court emphasized that Section 94(2)(i) of the JJ Act 2015 specifically refers to a “date of birth certificate from the school” without insisting on it being from the first school.
The Court, in its decision, highlighted the Supreme Court’s clarification that what was outlined in Rule 12 of the JJ Rules 2007 is now covered by Section 94 of the JJ Act 2015.
Section 94(2) pertinently addresses the requirement of a date of birth certificate from the school, eliminating the specific insistence on the first school certificate.
Consequently, the Bombay High Court quashed the Sessions Court order and directed a fresh inquiry by the trial court under Section 94(2) of the JJ Act 2015.
The accused was granted the liberty to request his second school to produce any certificate obtained from the first school.