Juvenile Justice Act: Age Recorded By JJ Board Or CWC Deemed To Be True Age Of Accused
Case: Rishipal Singh Solanki vs State of UP& Ors
Coram: Justice DY Chandrachud and Justice BV Nagarathna
Case No.: Criminal Appeal No.1240 Of 2021
Court Observation: “The age recorded by the Committee or the Board to be the age of the person so brought before it shall for the purpose of the JJ Act, 2015 be deemed to be the true age of the person. The deeming provision in sub-section (3) of section 94 of the JJ Act, 2015 is also significant inasmuch as the controversy or the doubt regarding the age of the child brought before the Committee or the JJ Board is sought to be set at rest at the level of the JJ Board or the Committee itself”
“Thus, in the initial stage a presumption that the child brought before the Committee or the JJ Board is a juvenile has to be drawn by the said authorities. The said presumption has to be drawn on observation of the child, However, the said presumption may not be drawn when the Committee or the Board has reasonable grounds for doubt regarding the person brought before it is a child or not.”
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Keywords
Juvenile Justice Act, JJ Board, CWC Deemed
