Legal Provisions Involved: Section 439 of the Code of Criminal Procedure, 1973; POCSO Act, 2012; Juvenile Justice (Care and Protection of Children) Act, 2015

Judgement By: Supreme Court of India

Judge/Bench: Justice Sanjay Karol and Justice Nongmeikapam Kotiswar Singh

Facts

The Supreme Court examined directions given by the Allahabad High Court in POCSO cases. The High Court had ordered that in every POCSO case, the victim’s age must be determined through medical tests at the investigation stage. It also allowed bail courts to question school certificates and other age-related documents. These directions were challenged by the State of Uttar Pradesh.

Key Legal Provisions

Section 439 of the Code of Criminal Procedure, 1973; 

POCSO Act, 2012; 

Juvenile Justice (Care and Protection of Children) Act, 2015

Issues Raised

Whether bail courts can decide the age of a victim and whether medical age tests can be made compulsory in all POCSO cases.

Arguments of the Case

The State argued that the High Court went beyond its powers. It submitted that the JJ Act clearly lays down how a child’s age must be determined and medical tests are to be used only as a last option, not as a routine rule.

Judgement

The Supreme Court set aside the Allahabad High Court’s directions. It held that courts cannot examine or reject age-related documents and that compulsory medical age tests in all POCSO cases are illegal. Age determination must strictly follow the JJ Act procedure.

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