In a significant ruling on juvenile age determination, the Allahabad High Court (Lucknow Bench) has held that medical tests like ossification cannot be ordered when valid school records are already available. The Court allowed a criminal revision filed by a minor accused and granted him bail.
Background of the Case
The case arose from an FIR lodged on March 11, 2025, in Pratapgarh, alleging offences under the Bharatiya Nyaya Sanhita and the POCSO Act against a minor. The prosecution claimed that the accused, aged around 15, had committed sexual assault and issued threats to the victim.
A dispute emerged over the exact age of the accused. While the High School certificate recorded his date of birth as January 1, 2010, a primary school register showed it as May 13, 2009. Based on this discrepancy, the Juvenile Justice Board ordered an ossification test, which was later upheld by the appellate court.
Justice Manish Kumar closely examined Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015. The provision clearly prioritizes documentary evidence like school certificates for age determination.
“The statute provides a clear hierarchy. Medical opinion can be sought only when documentary proof is unavailable,” the bench observed.
The Court noted that both available documents placed the accused below 16 years at the time of the alleged incident. Therefore, there was no justification for ordering a medical test.
It further remarked that the use of the word “only” in the statute makes it mandatory that ossification tests be a last resort.
The High Court found that both the Juvenile Justice Board and the appellate court had acted in contravention of the law. It set aside their orders dated May 23, 2025, and October 17, 2025.
Allowing the revision, the Court directed that the minor be released on bail upon furnishing a personal bond through his natural guardian, along with sureties and strict conditions.
Additionally, the Court mandated that the juvenile report to the District Probation Officer on the 10th of every month for one year.
Case Details
Case Title: Pradeep Kori @ Pradeep Harijan (Minor) vs State of U.P.
Case Number: Criminal Revision No. 1470 of 2025
Judge: Justice Manish Kumar
Decision Date: March 25, 2026
