The Allahabad High Court recently came down hard on the increasing trend of accused individuals manipulating their date of birth to seek leniency in criminal cases by falsely claiming juvenile status. The Court highlighted the disturbing misuse of Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015, which sets the protocol for age verification.
In a bail plea filed by Amarjeet Pandey, accused under several charges including the POCSO Act, the Court observed systemic failures in verifying the age of the alleged victim. While the FIR stated the girl was a minor, her statements under Sections 180 and 183 BNSS revealed she considered herself 18 years old and had willingly gone with the applicant to Gujarat.
"This Court has observed with concern that some litigants are intentionally manipulating their date of birth in order to obtain favourable legal outcomes," the Court noted, adding that this practice undermines the entire justice delivery system.
Despite prior orders, the Court was informed that the ossification test couldn’t be completed due to the victim’s absence and the refusal of the CMO, Ballia, to issue a report without physical verification. The Court highlighted that the victim had gone to Himachal Pradesh, and the informant refused further medical tests.
The Court slammed the uncooperative approach of the authorities, stating:
"The red tape approach is but evident from the attitude of the authorities at large... with a heavy heart, this Court has no other option but to dispose of the instant bail application without the said ossification test report."
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Notably, the health infrastructure in Ballia lacks a radiologist, severely delaying mandatory age verification. This issue, the Court noted, is being dealt with separately in another case (Prakash Kumar Gupta vs. State of U.P.).
Recognising the failure at multiple levels—by litigants, the police, and the health department—the Court issued strict directions:
"Police must strictly adhere to Section 94 of the JJ Act and be trained accordingly. The Health Department must immediately appoint at least one Radiologist in Ballia."
In light of the victim’s self-declared age, consensual relationship claims, lack of injuries, and absence of any criminal history, the Court granted bail to the accused.
This judgment strongly reiterates the judiciary’s call for accountability and accurate age verification, warning that misuse of protective laws can weaken the entire justice system.
Case title - Amarjeet Pandey vs. State Of Up And 3 Others 2025
