Juvenile Justice Act 2015 | No Insistence On DOB Certificate From First School Attended To Determine Juvenility Of Accused: Bombay High Court

An accused claiming to be a juvenile need not produce a Date of Birth (DOB) certificate from his 'first' school to determine his age and a certificate from any school he attended can be submitted under the new Juvenile Justice Act 2015, (JJ Act) the Bombay High Court held.

Justice SM Modak set aside the trial court's order that adjudicated the accused's plea based on the old JJ Act and Rules.

The FIR was registered for kidnapping and rape, as well as under sections of 4 & 6 of the POCSO Act. The accused claimed that he was a juvenile on the date of the offence in 2018.

The Sessions Court had asked the accused to submit documents about his date of birth as per Section 12(3) of the Juvenile Justice (JJ) Rules, 2007, requiring a certificate from the school first attended. 

However, Justice Modak observed, that although the trial Court considered Rule 12(3) of 2007 Rules, now 2015 Act and 2016 Rules are enacted. So, earlier rules do not exist."

Quoting the Supreme Court judgment in Rishipal Singh Solanki vs. State of Uttar Pradesh (2021), the High Court said, "What was provided under Rule 12 of the JJ Rules 2007 has been provided under Section 94 of the JJ Act 2015. Section 94(2)(i) only refers to "date of birth certificate from the school" and does not insist on the first school certificate."

Allowing the petition, Justice Modak held, "Secondly, Section 9(2) of the Act talks about conducting an enquiry by the Court by taking the evidence. As per the proviso, such enquiry has to be conducted as per the Rules. Whereas, Section 94(2) of the 2015 Act refers to date of birth certificate from the school. It no more says about second school."

Accordingly, the Court quashed the Sessions Court order and remanded the matter back for an inquiry by the trial court under Section 94(2) of the JJ Act, 2015.

Accused was given the liberty to ask his second school to produce any certificate obtained from the first school.

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