Section 34 POCSO: Procedure in case of commission of offence by child and determination of age by Special Court
Protection of Children from Sexual Offences Act, 2012
Section 34 POCSO at a Glance
Section 34 POCSO requires a child who commits an offence under POCSO to be dealt with under the Juvenile Justice (Care and Protection of Children) Act, 2015, and empowers the Special Court to determine a person's age with written reasons.
Section 34 POCSO Bare Act Text
34. 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 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 any subsequent proof that the age of a personas determined by it under sub-section (2) was not the correct age of that person.
Amendments to this section
- Subs. by Act 25 of 2019, s. 9, for "the Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000)" (w.e.f. 16-08-2019).
Section 34 POCSO in Simple Words
Section 34 POCSO sets out the procedure when an offence under POCSO is committed by a child and explains how a Special Court determines whether a person is a child. Under Section 34(1) POCSO, where any offence under POCSO is committed by a child, that child must be dealt with under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016). Act 25 of 2019 put this reference in place of "the Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000)" from 16 August 2019.
Under Section 34(2) POCSO, if any question arises in any proceeding before the Special Court about whether a person is a child or not, the Special Court must determine that question after satisfying itself about the age of that person, and the Special Court must record its reasons for that determination in writing.
Under Section 34(3) POCSO, no order made by the Special Court is deemed to be invalid merely by any subsequent proof that the age of a person as determined by the Special Court under Section 34(2) POCSO was not the correct age of that person. The official text prints "a personas determined"; the sense is "a person as determined".
When Section 34 POCSO Applies
- Where any offence under POCSO is committed by a child, the child must be dealt with under the Juvenile Justice (Care and Protection of Children) Act, 2015 under Section 34(1) POCSO.
- If a question arises in any proceeding before the Special Court whether a person is a child or not, the Special Court must determine the question after satisfying itself about the person's age under Section 34(2) POCSO.
- The Special Court must record in writing its reasons for the age determination under Section 34(2) POCSO.
- No order of the Special Court is deemed invalid merely because subsequent proof shows that the age determined under Section 34(2) POCSO was not the person's correct age under Section 34(3) POCSO.
Example of Section 34 POCSO
FAQs on Section 34 POCSO
What is Section 34 POCSO?▼
Section 34 POCSO provides that where a child commits any offence under POCSO, the child must be dealt with under the Juvenile Justice (Care and Protection of Children) Act, 2015. Section 34 POCSO also authorises the Special Court to determine whether a person is a child by recording written reasons, and protects orders of the Special Court from becoming invalid merely because subsequent proof shows the determined age was incorrect.
Which law applies when a child commits an offence under POCSO?▼
The Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016) applies. Section 34(1) POCSO states that a child who commits any offence under POCSO must be dealt with under the provisions of that Act.
Who determines whether a person is a child in a proceeding before the Special Court under Section 34(2) POCSO?▼
The Special Court determines the question. Under Section 34(2) POCSO, the Special Court decides whether a person is a child after satisfying itself about the age of that person and must record its reasons in writing.
Does later proof of a person's true age invalidate an earlier order of the Special Court under Section 34(3) POCSO?▼
No. Under Section 34(3) POCSO, no order made by the Special Court is deemed invalid merely by any subsequent proof that the age determined under Section 34(2) POCSO was not the correct age of that person.
When was Section 34 POCSO amended to refer to the Juvenile Justice (Care and Protection of Children) Act, 2015?▼
From 16 August 2019, by Act 25 of 2019 (section 9). That amendment substituted the reference in place of "the Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000)".
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Sources: Bare Act Text, Protection of Children from Sexual Offences Act, 2012 (India Code) ·