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Section 34 POCSO Act — Procedure in case of commission of offence by child and determi nation of age by Special Court

The Protection of Children from Sexual Offences Act, 2012 · Official PDF page 16

Open in NyayaOfficial PDF, page 16

34. Procedure in case of commission of offence by child and determi nation of age by Special Court.—(1) Where any offence under this Act is committed by a child, such child shall be dealt with under the provisions of 1[the Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016)].

(2) If any question arises in any proceeding before the Special Court whether a person is a child or not, such question shall be determined by the Special Court after satisfying itself about the age of such person and it shall record in writing its reasons for such determination.

(3) No order made by the Special Court shall be deemed to be invalid merely by any subsequent proof that the age of a personas determined by it under sub-section (2) was not the correct age of that person.

Text extracted from the official PDF (India Code source edition; cover states: 1st July, 2026). Line breaks and footnote marks may differ; the PDF is the authority.

For research. Check the official gazette and later amendments before citing a section.