Section 94 of JJ Act : Section 94: Presumption And Determination Of Age

Explanation using Example

Imagine a situation where the police find a young individual, Rahul, who is involved in a theft and bring him before the Juvenile Justice Board (the Board). Rahul claims to be 16 years old, but he looks much older, and there is no immediate documentation to prove his age.

Application of Section 94(1): The Board observes Rahul and based on his appearance believes that he is indeed a child (i.e., under 18 years of age). They record this observation and decide to proceed with the inquiry as per the relevant sections of the Juvenile Justice Act without waiting for age verification.

Application of Section 94(2): However, if the Board has doubts about Rahul's age, they will seek evidence of his age. They will first ask for Rahul's school certificate or matriculation certificate. If that's not available, they will look for a birth certificate from municipal records. Failing both, they will order a medical test, like an ossification test, to determine Rahul's age, which should be completed within fifteen days.

Application of Section 94(3): Once the Board has determined Rahul's age using the evidence available or the medical test, this age will be recorded and treated as his true age for all matters under the Juvenile Justice Act.