Law: Juvenile Justice System Act, 2018

Section: XXII,8

Law: Qanun-e-Shahadat Order, 1984

Section:

Juvenile Justice System Act (XXII of 2018)-------S. 8---Determination of age of accused person claiming himself to be a minor---Reliance of Court on medical evidence as opposed to document, evidence---Application for production of documentary evidence to declare the petitioner as juvenile was rejected---Validity---Section 8 of Juvenile Justice System Act, 2018, ("Act, 2018") used word "inquiry" to determine the age of person on the basis of birth certificate, educational certificate or any other document, primarily to be made by the police and then by Magistrate before order for further detention---Thus, documents primary or secondary, in support of age of accused, shall not be accepted at the whims of the parties without verification but on the touchstone of admissibility rules contained in the Qanun-e-Shahadat Order, 1984---Enactment of S.8 of Act, 2018 required the police to collect material for and against claim of juvenility to save precious time of the Courts so as to avoid unnecessary entangling in summoning of stary records on the applications of the parties, as was the requirement of S. 7 of erstwhile law i.e., Juvenile Justice System Ordinance, 2000---Thus, once the police opinion is made available to the Court with documentary proof or with medical examination report, it becomes easy for it to conduct a prompt inquiry for early determination of age of accused which earlier took months to achieve--Such beneficial provision requires that concerned Court on receiving juvenile-challan shall start inquiry to check the veracity of material through the process of verification while calling reports from concerned public offices or school with authorized persons as witnesses whose testimonies shall be recorded in chief with cross-examination and then the Court shall pass an order---Hence, the age of the accused shall only be accepted on the basis of documents after proper inquiry---If after inquiry into such documents, Court rejects them, then it must direct for medical examination---Every accused who is under the charge of murder is liable to sentence of death if the case stands proved, therefore, to avoid death penalty accused is duty bound to prove his…

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