Uttarakhand HC Orders Age Verification Before Trial, Sends Case to Juvenile Board

“What happens when the foundation of a Criminal Trial, the age of accused is in doubt?” 

This critical question came before the Uttarakhand High Court, which clarified how the courts must proceed in such situations. The ruling highlighted the importance of Age Verification before the trial begins. Justice Ashish Naithani stated that the trial court or magistrate must first determine the exact age of the accused before starting the proceedings.

In this case the person convicted of the crime was only 14 years, 7 months and 8 days old when he committed the crime, which was later found out by the court. At the age of 14, he was convicted of murder; this case arose from Haridwar. As he was a minor, he should have been tried under Juvenile law and not as an adult. 

Uttarakhand HC reinforces the importance of age verification, ensuring juveniles are tried under the Juvenile Justice Act.

Case Background:

The boy was convicted of murder, and later it was discovered that at the time of the crime he was only 14 years, 7 months and 8 days old.

According to the JJ Act, anyone who is below the age of 18 years is considered a Juvenile. The Juvenile Justice Board (JJB) must deal with their cases. As the law focuses on the rehabilitation and reform of the Juvenile person, he/she must not be punished like an adult.

Considering these parameters, the High Court sent this case to The Juvenile Justice Board (JJB) for a fresh hearing under the Juvenile Law in India.

Age Verification of Accused: Supreme Court Guidelines 

Following points are briefed by Justice Ashish Naithani: 

Duty of the court: The judge must check the age of the accused at the very first stage of remand. 

Age proofs: School admission documents, birth certificate or any such official document must be considered first as proof of age. 

Medical examinations and tests: Doctors can be asked to prove the age only when the relevant document is not provided to the court.  

High Court’s Directions:

The directions of the High Court are as follows: 

1. The Juvenile Justice Board shall deal with the case. 

2. Until the Board decides afresh, the convict’s earlier bail and stay on sentence shall continue. 

3. This order shall be sent to all the lower courts in Uttarakhand by the Registrar General of the High court so that they follow the same process in such cases. 

This ruling was circulated to: 

• Magistrates, 

• All Trial Courts, 

• Sessions Courts, 

• Chief Judicial Magistrates and 

• Special Courts with criminal jurisdiction.  

Why age verification is important: 

1. When a Juvenile commits a crime, he/she is punished and treated in a different manner under the Juvenile Justice Act. As the law focuses more on the reform and rehabilitation of the Juvenile person, he/she is not punished like an adult but given proper and correct treatment and provided remedial actions.  

2.  It leads to serious injustice if a Juvenile is wrongly tried as an adult. 

3. Children must not be harshly punished, and they deserve a chance to reform, as the children are less mature. Hence, the court recognizes this fact and also considers the seriousness of the crime. 

Directions for future compliance – The Juvenile Justice Act, 2015: 

The Juvenile Justice Act, 2015: 

1. A Juvenile person is termed as anyone under the age of 18 years. 

2. The Juvenile Justice Board (JJB) shall handle all the Juvenile cases. 

3. No life imprisonment or death penalty for any Juvenile.  

The only motto is to protect the children, reform them in conflicts and help them return to society. 

Significance of the Judgement: 

This decision vastly impacts the justice system in India. 

• Protects the Juveniles’ rights from the adult criminal laws.  

• From the first stage of remand, it makes the trial court more careful and considerate. 

• Spreads uniformity by setting a similar procedure for the lower courts. 

• Rehabilitation and not punishment is the single goal for the Juveniles, affirms firmly. 

Way forward: 

Justice begins with fair procedure, a reminder set by the Uttarakhand High Court in this ruling. It is important to check the age of the accused person at the very start of the trial so that no person is treated wrongly, specifically like an adult criminal under the frame of law. This way, juveniles get the protection and rehabilitation that the law promises, keeping the spirit of justice alive. 

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