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State of Jammu-Kashmir - Section

Section 75 in Jammu and Kashmir Juvenile Justice (Care and Protection of Children) Rules, 2014

75. Declaration of age by the Court or Board or the Committee.

(1)The Court or the Board or the Committee as the case may be, shall declare the age after examining the witnesses on age and by affording opportunity or cross examination to the State/Complainant and the juvenile.
(2)For the purposes of sub-rule (1), the witnesses may include School Principals or their representative, parents, Registrars of Education Boards, Municipal Corporation or Panchayat Representative, Chairperson and Members of the Medical Board etc.
(3)In case exact assessment of the age cannot be done, the Court or the Board or the Committee as the case may be, for the reasons to be recorded by them, may, if considered necessary, give benefit to the child or juvenile by considering his/her age on lower side within the margin of one year.
(4)The decision of the Board or the Committee as the case may be, shall be the conclusive proof of the age as regards a child or a juvenile in conflict with law.
(5)The Board or the Committee as the case may be shall provide a copy of the order declaring age to the concerned juvenile or child or his parent/guardian.
(6)The provisions contained in this rule shall also apply to those disposed off cases, where the status of juvenility has not been determined in accordance with the provisions contained in sub-rule (3) of this rule and the Act, requiring dispensation of the sentence under the Act for passing appropriate order in the interest of the juvenile in conflict with law.