Criminal law forms the foundation of any legal system, functioning as a safeguard for societies worldwide. Its primary objective is to maintain order, protect individual rights, and ensure justice is served. This article provides an overview of criminal law, highlighting its key principles, elements of a crime, and the fundamental rights and procedures involved in the criminal justice system.
The facts, in a nutshell, are that Respondent no. 1 is accused of having committed offences under Sections 363, 366 of the Indian Penal Code, 1860 and Sections 7 and 8 of the Protection of Children from Sexual Offences Act, 20124 in the subject FIR, lodged at the instance of the mother of the victim, where the allegation is that her 12-year old girl had been abducted from her home. The Trial Court rejected bail by order dated 29th September 2023. In the proceedings for bail before the High Court, by order dated 22nd April 2024 the Chief Medical Officer, Jalaun was directed to constitute a medical board for determination of the age of the victim. On 8th May 2024 the Court then released the accused on interim bail, observing that there was wide inconsistency in the age of the victim as in the school records, or as stated by her in her statement under Sections 161 and 164 CrPC regarding age/intimacy with the accused among other factors.
The High Court further observed that the age of the accused is not determined as per Section 94 of the Juvenile Justice (Care and Protection) Act 2015. Failure to secure such a report rendered the statutory framework futile and opens scope for false implication via manipulated age claims, the court mentioned. The Court noted recurring systemic lapses wherein the police failed to obtain medical age reports, Trial Courts ignored scientifically assessed age, and consensual adolescent relationships were criminalised under the POCSO Act due to falsified age records. This systemic malfunction, according to the Court, necessitated corrective judicial directives in the final order. The appeal arose from a bail order dated May 29, 2024, passed by the Allahabad High Court where bail was granted to Respondent No. 1 and issued sweeping directions requiring the police to obtain a medical report determining the age of the victim in every POCSO case at the start of the investigation. The High Court also held that the (trial) courts could entertain challenges to age-related documents and treat medical age reports as more reliable than school records.
