Age Crieteria of a juvenile - matrix certificate or district registrar

Respctd sir, while considering date of birth of an accused sent to jjb ,which of the two -matric certificate or District.Registrar(rbd) is legal one.

Answers (1)

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Both Matriculation certificate and Birth certificate are relevant for determining the age of Juvenile. In the absence of any of these two certificates, courts rely on ossification tests to determine the age of a person claiming to be a minor. For age determination Supreme court has held in Mahadeo S/o Kerba Maske Vs. State of Maharashtra and Anr., (2013) 14 SCC 637 that court has to see following (a) (i) the matriculation or equivalent certificates, if available; and in the absence whereof; (ii) the date of birth certificate from the school (other than a play school) first attended; and in the absence whereof; (iii) the birth certificate given by a corporation or a municipal authority or a panchayat;

(b) and only in the absence of either (i), (ii) or (iii) of clause (a) above, the medical opinion will be sought from a duly constituted Medical Board, which will declare the age of the juvenile or child.

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