The Uttarakhand High Court has directed that in cases where there is any doubt regarding the age of an accused, the magistrate or the concerned trial court must mandatorily verify it before proceeding further.
The ruling came from a single bench of Justice Ashish Naithani while hearing a case involving a convict serving a sentence in a Haridwar murder case. The court found that the convict was only 14 years, 7 months, and 8 days old at the time of the incident, making him a juvenile under the law.
Transfer to Juvenile Justice Board
Holding that the accused must be treated as a minor, the high court ordered that the entire case record be transferred to the Juvenile Justice Board (JJB) for fresh consideration in accordance with law. The earlier bail order and stay on the petitioner’s sentence will continue to remain in force.
The court emphasised that in all future cases, whenever there is doubt about the age of an accused, the first responsibility of the magistrate or the concerned court is to verify it. Age verification must be carried out based on:
- Birth certificate
- School admission register/education records
- Medical examination, if documentary evidence is unavailable
The court directed that age must be determined at the stage of the first remand itself, ensuring no juvenile is wrongly tried as an adult.
To ensure uniform compliance, the high court instructed the Registrar General to circulate the order to all trial courts, including Magistrate courts, Chief Judicial Magistrates, Sessions Courts, and Special Courts dealing with criminal cases.
Justice Naithani underlined that adherence to this mandate is crucial to uphold the rights of juveniles under the Juvenile Justice (Care and Protection of Children) Act, preventing miscarriages of justice.
