Ensure That Victim's Age Is Determined By Competent Medical Authority At Start Of Investigation In POCSO Cases: Allahabad HC Directs Police

The Allahabad High Court, on POCSOA cases, has directed the police authorities and investigation authorities to ensure that the medical report determining the age of the victim is drawn up by the competent medical authority at the commencement of the investigations of POCSO Act offences in accordance with the provisions of the Section 164-A Cr.P.C. read with Section 27 of the POCSO Act.

In that context, the Bench of Justice Ajay Bhanot observed that, "The police authorities/investigation officers are directed to... ensure that the medical report determining the age of the victim is drawn up by the competent medical authority at the commencement of the investigations of POCSO Act offences in accordance with the provisions of the Section 164-A Cr.P.C. read with Section 27 of the POCSO Act."

In this bail application, the question of law which arose for consideration was the nature of the legal duty cast on the police to draw up a medical report determining the age of a victim while investigating POCSO Act offences.

The Court also observed that, "The court hearing the bail application has to accord full weight to the medical age determination report of the victim and also carefully examine all other documents relating to the victim’s age. The court has to determine the credibility of the respective age related documents while deciding the bail application in the facts of the case. In appropriate facts and circumstances as in the instant case, the age determined by the competent medical authority under Section 164-A of Cr.P.C. read with Section 27 of the POCSO Act can prevail over other age related documents (including school records)."

The Court clarified that the age of the victim in bail cases arising out of POCSO Act offences should be determined by a composite reading of Section 94 of the Juvenile Justice (Care and Protection of Children) Act and Section 164-A of Cr.P.C., read with Section 27 of the POCSO Act, considering the judgments in previous cases as well.

Cause Title: Anurudh vs State of UP & 3 Ors. (Neutral Citation: 2024:AHC:108484)

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