The court ruled that a matriculation certificate cannot be conclusively accepted for age determination when authenticity is disputed, allowing for alternative verification including ossification tests.

JUDGMENT :

BIBEK CHAUDHURI, J.

1. The informant of Basopatti P. S. Case No.112 of 2022, dated 31^st of May, 2022, corresponding to G.R. No. 845 of 2022 (E.N. 1014 of 2023), registered for the offences punishable under Sections 302 , 201 and 120(B) of the INDIAN PENAL CODE and Section 27 of the ARMS ACT , has challenged the legality, validity and correctness of the order, dated, 20^th of September, 2023, passed by the learned Additional Sessions Judge 1^st cum Juvenile Justice, Madhubani in Juvenile Appeal No. 39 of 2023, holding, inter alia, that the Opposite Party No. 2 was a juvenile on the date of alleged occurrence on the basis of his matriculation certificate where his date of birth was recorded.

2. It is held by the learned Court of Appeal that when a juvenile files certificate, issued by the Bihar School Examination Board, the Juvenile Justice Board (hereinafter referred to as “JJB” for short) is under an obligation to accept the same and no enquiry is to be undertaken by the Board to ascertain his age.

3. Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015 speaks of circumstances to be considered by the Board for presumption and determination of age of CICL. Provision runs thus:-

“94. Presumption and determination of age.

(1) Where, it is obvious to the Committee or the Board, based on the appearance of the person brought before it under any of the provisions of this Act (other than for the purpose of giving evidence) that the said person is a child, the Committee or the Board shall record such observation stating the age of the child as nearly as may be and proceed with the inquiry under section 14 or section 36, as the case may be, without waiting for further confirmation of the age.

(2) In case, the Committee or the Board has reasonable grounds for doubt regarding whether the person brought before it is a child or not, the Committee or the Board, as the case may be, shall undertake the process of age determination, by seeking evidence by obtaining -

(i) the date of birth certificate from the school, or the matriculation or equivalent certificate from the concerned examination Board, if available; and in the absence thereof;

(ii) the birth certificate given by a corporation or a municipal authority or a panchayat;

(iii) and only in the absence of (i) and (ii) above, age shall be determined by an ossification test or any other latest medical age determination test conducted on the orders of the Committee or the Board:

Provided such age determination test conducted on the order of the Committee or the Board shall be completed within fifteen days from the date of such order.

(3) The age recorded by the Committee or the Board to be the age of person so brought before it shall, for the purpose of this Act, be deemed to be the true age of that person.”

4. Sub-section (1) of Section 94 states that the JJB is authorized to proceed with the enquiry under Section 14 or Section 36, as the case may be, without waiting for further confirmation of the age, when it appears to the Board, based on the appearance of the person, that the said person is a child. Sub-section (1) of Section 94 does not state any requirement for filing any document in support of the proof of date of birth. Sub- section (2) of Section 94 , on the other hand, states that when the Board has reasonable ground for doubt regarding whether the person brought before it is a child or not, the Board shall undertake the process of age determination by seeking evidence by obtaining (i) the date of birth certificat