Lucknow: The Lucknow bench of Allahabad High Court has said that it is illegal to conduct a medical examination (ossification test) to determine a minor’s age when certificates from a school, board, municipal corporation, municipality or panchayat are available. Holding this, the court set aside the orders of the Juvenile Justice Board and the Special POCSO Court and directed the release of the minor on bail. A bench of Justice Manish Kumar passed the order on a revision petition filed by a minor.The case is from Pratapgarh district where an FIR was lodged with Leelapur police station on March 11, 2025, charging a minor under sections of the POCSO Act and the BNS for molesting and threatening a 15-year-old girl.It was argued on behalf of the minor petitioner that he was under 16 years of age at the time of the incident. His high school certificate mentioned his date of birth as January 1, 2010, while his primary school records stated his date of birth as May 13, 2009. Despite this, the Juvenile Justice Board ordered a medical examination to determine his age, which was upheld by the appellate court of the Special Judge, POCSO Act, Pratapgarh. Both orders were challenged in a revision petition filed before the High Court.Allowing the revision petition, the court said that, according to Section 94 of the Juvenile Justice Act, 2015, school or board certificates should be considered first for determining age. Birth certificates issued by municipal corporations, municipalities, or panchayats should be considered next. Only in the absence of these documents, a medical examination can be conducted.The court observed that both available documents showed that the accused petitioner was a minor and that ordering a medical examination was against the law.While granting conditional bail to the minor petitioner, the court directed him to appear before the district probation officer along with his guardian on the 10th of every month for one year and to stay away from any criminal activity.
