Age Determination under POCSO: Legal and Medical Challenges

Abstract

The Protection of Children from Sexual Offences Act, 2012 (POCSO Act) establishes a comprehensive legal framework to address sexual offences against persons below the age of eighteen, rendering accurate age determination a decisive factor in fixing criminal liability and sentencing. Despite its centrality’s age verification under the Act remains fraught with legal, medical, and evidentiary challenges. Documentary evidence such as birth certificates and school records is often unavailable or unreliable, while medical age estimation techniques, including ossification and dental tests, are inherently probabilistic and susceptible to biological, nutritional, and socio-economic variations.

This paper critically analyses the statutory provisions governing age determination under the POCSO Act, alongside judicial interpretations and prevailing medical methodologies. It highlights significant inconsistencies, evidentiary limitations, and judicial dilemmas through an examination of landmark case law, reflecting the ongoing tension between robust child protection and adherence to procedural fairness and due process. The study further engages in a comparative and reform-oriented analysis, advocating for the adoption of standardised age determination protocols, the use of multi-disciplinary and multi-method medical assessments, and the exercise of calibrated judicial discretion in borderline age disputes. By integrating legal, medical, and ethical perspectives, the paper seeks to strengthen the implementation of the POCSO regime while ensuring the protection of children without compromising the fundamental rights of individuals involved in age-related controversies.