Section 12 in Bihar Juvenile Justice (Care and Protection of Children) Rules, 2015
12. Procedure to be followed in determination of Age.
(1)Except in cases where a juvenile or child appears prima facie to be a juvenile or child, the court or the Board or the Committee, as the case may be, shall determine the age of such juvenile or child 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 shall decide the juvenility or otherwise of the juvenile or the child in need of care and protection, prima facie on the basis of physical appearance or documents, if available, and send him to the observation home or children's home or in prison as the case may be.(3)Save and except where a juvenile or a child, as the case may be, prima facie appears to be above 12 years of age, age determination 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 and equivalent certificate along with copies of attendance record of class VIII attended by the juvenile or child; or,(ii)the date of birth certificate from the school (other than a play school) first attended; and in the absence whereof;(iii)the birth certificate given by the Municipal Corporation or a Municipal Authority or a Panchayat; and(b)only in the absence of either (i) and/or (ii) or (iii) of clause (a) above, or in case the Court or the Board or the Committee finds it necessary, the medical opinion will be sought from a duly constituted Medical Board, which will declare the age of the juvenile or child. In case exact assessment of the age cannot be done, the Court or the Board or, as the case may be, the Committee, for the reasons recorded by them, may, if to be considered necessary, give benefit to the child or juvenile by considering his/her age on lower side within the margin of one year and, while passing orders in such 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 specified in any of the clauses (a) (i), (ii), (iii) or in the absence whereof, clause (b) shall be proof of the age as regards such child or the juvenile in conflict with law.(4)The duly constituted Medical Board shall submit medical opinion to the competent authority within one week from the date of receipt of the order.(5)If the age of a juvenile or child is found to be below 18 years on the date of offence, on the basis of any of the proof specified in sub-rule (3), the Court or the Board or, as the case may be, the Committee 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 parent/guardian/person concerned.(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.
