Section 10 in Punjab Juvenile Justice (Care and Protection of Children) Rules, 2014
10. Procedure to be followed in determination of age.
(1)In every case concerning a child or a juvenile in conflict with law, the court or the Board as the case may be, the Child Welfare Committee referred to in section 29, shall determine the age of such juvenile or child or a juvenile in conflict with law within a period of thirty days from the date of making of the application for that purpose.(2)The court or the Board or the Committee, as the case may be, shall decide the juvenility or otherwise of the juvenile or the child or the juvenile in conflict with law, prima facie on the basis of physical appearance or documents, if available, and send him to the observation home or in jail.(3)In every case concerning a child or juvenile in conflict with law, the age determination inquiry, shall be conducted by the court or the Board or, the Committee, as the case may be, by seeking evidence by obtaining (a)(i)the matriculation or equivalent certificate, if available and in the absence whereof; or(ii)the date of birth certificate from the school (other than a play school) first attended and in the absence whereof; or(iii)the birth certificate given by a corporation or a municipal authority or a panchayat.(b)In the absence of the documents mentioned in sub-clause (i), (ii) or (iii) of clause (a), the medical opinion will be sought from a duly constituted Medical Board, which will declare the age of the juvenile or child. In case, the 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 in writing by them, may, if considered necessary, give benefit to the child or juvenile by considering his age on lower side within the margin of one year, and, while passing orders in such a case, shall, after taking into consideration such evidence, as may be available, or the medical opinion, as the case may be, record a finding in respect of his age and either of the evidence as specified in any of the sub-clauses (i), (ii) and (iii) of clause (a) or in the absence whereof, clause (b), shall be the conclusive proof of the age as regards such child or juvenile or the juvenile in conflict with law.Explanation. - For the purpose of this clause, 'Medical Board' means a Medical Board constituted by Juvenile Justice Board.(4)If the age of a juvenile or child or the juvenile in conflict with law is found to be below 18 years on the date of commission of the offence, on the basis of any of the conclusive proof specified in sub-rule (3), the court or the Board or the Committee, as the case may be, shall, in writing, pass an order stating the age and declaring the status of juvenility or otherwise, for the purpose of the Act and these rules, and a copy of the order shall be given to such juvenile or the person concerned.(5)Save and except where, further inquiry or otherwise is required, inter alia, in terms of section 7A and section 64 and these rules, no further inquiry shall be conducted by the court or the Board after examining and obtaining the certificate or any other documentary proof referred to in sub-rule (3) .(6)The provisions contained in this rule shall also apply to those disposed of cases, where the status of juvenility has not been determined in accordance with the provisions contained in sub- rule( 3) 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.
