There are a few issues which are raised every time a situation like present case
comes up and are then forgotten. It is the duty of the police officer to record the
age of a person the moment he is apprehended and his apprehension memo is
prepared. It has been emphasized time and again that the police officers have a
duty to conduct a preliminary inquiry into the age of the child. Wherever there is
a doubt regarding the age, the Police have to satisfy itself on whether there could
be a possibility of him being a juvenile. This inquiry cannot be a formality. It has been stated by this Board earlier in one of its orders that as per fundamental
principles a juvenile cannot waive his juvenility and so even if a person is saying
that he is a 18 or so and the I.O. feels that he is a juvenile, as has been claimed by
the I.O in this case, the I.O. has to treat the person as a child and has to preferably
produce him in the Board and let the Board take a decision on his juvenility. In
case however such a child is by any reason produced in the Court the I.O. has to
inform the said court that the person being produced by him could possibly be a
child and give this information to the Court in writing.
Guidelines to be followwed in case juvenile is arrested
https://www.lawweb.in/2012/08/order-of-juvenile-justice-board-in.html
