What are the procedures for determining the age of a juvenile in the absence of an official record of age according to the Juvenile Justice (Care and Protection of Children) Rules, 2007? How can the court or board determine the age of a juvenile or child in conflict with the law if there is no matriculation or equivalent certificates, date of birth certificate from the school first attended, or birth certificate issued by a corporation or a municipal authority or a panchayat? When can a medical opinion from a Medical Board be sought, and how conclusive is it in determining the age of a person?
If there is no official record of the accused’s date of birth who claims to be a juvenile at the time of the offence, the age determination can only be made through a medical opinion obtained from a Medical Board constituted under Rule 12(3)(b) of the Juvenile Justice (Care and Protection of Children) Rules, 2007.
Rule 12(3)(b) states that in the absence of other conclusive proof of age, a Medical Board will be consulted to determine the age of the juvenile or child in conflict with the law. If an exact assessment of age cannot be done, the court or Board may examine the age on the lower side within the margin of one year. The general rule for age determination allows for a variation of plus or minus two years.
When a claim of juvenility is made before a court or when a court is of the opinion that the accused was a juvenile at the time of the offence, an enquiry must be conducted to determine the age of the person. The court will take necessary evidence to determine if the person is a juvenile or child, stating their age as closely as possible.
The Juvenile Justice Act lays down the procedure for conducting an inquiry into juvenility, which cannot be imported from other enactments. Courts, Boards, and Committees must seek evidence by obtaining certificates mentioned in Rules 12(3)(a)(i) to (iii), and act as parens patriae to protect minors.
Medical board may conduct an ossification test for the determination of the age of juvenile. If conclusive proof of age is found, the court or Board will pass an order declaring the status of juvenility. Once the order is passed, it is conclusive proof of the age of the child or juvenile. If no conclusive proof of age is found, a medical opinion from a Medical Board will be sought.
The medical opinion is not conclusive and must be considered along with other evidence, as held in Babloo Pasi v. State of Jharkhand [(2008) 13 SCC 133]. In Shah Nawaz v. State of U.P [(2011) 13 SCC 751], the Supreme Court has reiterated that a medical opinion from a Medical Board should be sought only when other documents are not available.
