Criminal Manual 138 — Section

Gujarat High Court Criminal Manual (subordinate court practice), 1977

Statutory text

When juvenile offenders are charged with an offence or against whom security proceedings are instituted, special care should be taken that they are not deprived of the benefits under the Bombay Children Act, (Act No. LXI of 1948) or the Saurashtra Children Act, (Act No. XXIX of 1956), the Borstal School Act, (Act XVIII of 1929) and the Probation of Offenders Act, 1958. It is highly undesirable that young offenders should be made to associate with confirmed criminals. If the accused is less than 16 years old or in places where the Saurashtra Children Act is applicable, less than 18 years old, he cannot be committed to the Sessions Court for trial, but should be tried by a Juvenile Court as provided in the Bombay Children Act, 1948 or under the Saurashtra Children Act, as the case may be. The courts should, whenever a juvenile offender or a party is produced before them, take steps to ascertain his age. If the age given by the police does not appear to be correct from the appearance of the offender or party and if the police cannot produce satisfactory evidence regarding his age, the court should consider the desirability of sending the offender or party to the medical officer for the verification of his age before proceeding with case. The court should insist upon the production of school certificate or an extract from a birth register or birth certificate, if available.

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