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Section 34: Procedure in case of commission of offence by child and determination of age by Special Court.

The Protection of Children from Sexual Offences Act, 2012Central Act · Act 32 of 2012

(1) Where any offence under this Act is committed by a child, such child shall be dealt with under the provisions of [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.

Where this provision sits

ActThe Protection of Children from Sexual Offences Act, 2012
Section34
Marginal noteProcedure in case of commission of offence by child and determination of age by Special Court.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it4

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Act 25 of 2019. . Subs. by Act 25 of 2019, s. 9, for "the Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000)" (w.e.f. 16- 08-2019).

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