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Allahabad High Court flags 'false' DOB certificates in POCSO cases; UP Govt proposes school record guidelines

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Bottom Line Up Front (BLUF)

The Allahabad High Court observed the prevalent use of 'false' victim DOB certificates in POCSO cases. The Uttar Pradesh government proposed guidelines for schools to maintain accurate admission and withdrawal registers, and issue certificates only based on these records, to address this issue.

Ratio Decidendi · Legal Principle Established

The court highlighted the issue of fabricated date of birth certificates being used in cases under the Protection of Children from Sexual Offences Act, 2012, necessitating stricter verification and maintenance of school records for age determination.

Practice & Procedural Impact for Advocates

Advocates should scrutinize the authenticity of date of birth certificates presented in POCSO cases. Litigants and counsel should be aware of the proposed guidelines for school record maintenance, which may impact age determination evidence.

Key Legal Takeaways

  • 1The Allahabad High Court noted the misuse of false DOB certificates in POCSO cases.
  • 2The UP government is developing guidelines for schools to maintain accurate age records.
  • 3Age determination in POCSO cases relies heavily on school records, making their integrity crucial.

The Legal Issue The Allahabad High Court has observed a recurring problem in cases filed under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act): the submission of 'false' date of birth certificates for victims. This practice complicates the accurate determination of a victim's age, which is a critical factor in POCSO cases. The court's concern stems from instances where the age recorded in school certificates differs from other documentary evidence, leading to challenges in establishing the victim's minority.

Court's Reasoning The court did not issue a specific judgment on a particular case but made observations regarding the systemic issue of unreliable age proof. It noted that the use of fabricated certificates undermines the intent of the POCSO Act. In response to the court's concerns, the Uttar Pradesh government proposed a set of guidelines. These guidelines aim to ensure that schools maintain admission and withdrawal registers meticulously and issue date of birth certificates strictly based on these official records. The objective is to prevent the issuance of certificates based on affidavits or other unverified documents, thereby enhancing the reliability of age proof in legal proceedings.

What Follows The proposed guidelines by the Uttar Pradesh government are expected to be implemented by schools across the state. This will require schools to adopt stricter protocols for maintaining student records and issuing certificates. Advocates involved in POCSO cases will need to be vigilant in verifying the authenticity of date of birth certificates and may increasingly rely on primary school admission records. The move is intended to streamline age determination in POCSO cases, reducing disputes arising from conflicting age proofs.

Read the LiveLaw report