Home  /  Protection of Children from Sexual Offences Act, 2012  /  Section 34

Section 34: Procedure in case of commission of offence by child and determination of age by Special Court

Protection of Children from Sexual Offences Act, 2012 • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 2012
Section 33 All 46 Sections of Protection of Children from Sexual Offences Act, 2012 Section 35
Statutory Defined Terms in this Section: (Click any term for official legal definition)
Child Sec 2(1)(d) Special Court Sec 28

Legal Commentary & Landmark Judgments: Section 34

Section 34 of the POCSO Act sets out the statutory procedure when an offence under the Act is committed by a child, mandating immediate transfer to the Juvenile Justice Board under the JJ Act, and empowers the Special Court to adjudicate questions of age.

  • Mandatory Transfer to Juvenile Justice Board: Where an offence under POCSO is committed by a child (below 18 years), the child cannot be tried by the Special Court and must be referred to the Juvenile Justice Board (JJB) to be dealt with under the JJ Act, 2015.
  • Statutory Determination of Age: Empowers the Special Court, whenever a question arises whether a person is a child or not, to conduct a summary inquiry, record evidence, and render a formal finding on age.
  • Protection Against Trial Invalidity: Sub-section (3) provides that no order or proceeding of the Special Court shall be invalid merely by reason of any subsequent change in the age of the person.
Key Landmark Precedents:
  • Rishipal Singh Solanki v. State of U.P. (2022) 8 SCC 602: The Supreme Court laid down comprehensive guidelines for age determination under Section 94 JJ Act applicable to POCSO, establishing the hierarchical priority of (i) matriculation certificate, (ii) birth certificate from school or municipal authority, and (iii) ossification test only in the absence of valid documents.
  • Devi Lal v. State of M.P. (2021) 3 SCC 369: The Supreme Court affirmed that a plea of juvenility under Section 34 POCSO r/w Section 9 JJ Act can be raised at any stage of proceedings, including during appellate hearings or even after final conviction in the Supreme Court.
Courtroom Practice & Strategic Litigation Guidance:

If the client was near 18 years of age at the time of the alleged offence, immediately file an application for determination of juvenility under Section 34 POCSO r/w Section 94 JJ Act before charges are framed. Produce certified birth register extracts and school admission registers to transfer the case to the JJB.

Section 33 All 46 Sections of Protection of Children from Sexual Offences Act, 2012 Section 35