Section 34 POCSO Act, The Protection of Children from Sexual Offences Act, 2012: Procedure in case of commission of offence by child and determination of age by Special Court.

  • June 3, 2021

Section 34 POCSO Act, The Protection of Children from Sexual Offences Act, 2012: Procedure in case of commission of offence by child and determination of age by Special Court.

Procedure in case of commission of offence by child and determination of age by Special Court. – (1) Where any offence under this Act is committed by a child, such child shall be Procedure in dealt with under the provisions of [the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016)].
(2) If any question arises in any proceeding before the Special Court whether a person is a child or not, such question shall be determined by the Special Court after satisfying itself about the age of such person and it shall record in writing its reasons for such determination.
(3) No order made by the Special Court shall be deemed to be invalid merely by an) subsequent proof that the age of a person as determined by it under sub-section (2) was not the correct age of that person.

 

 

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