Court Orders Guidelines for School Certificates to Prevent Misuse in Legal Proceedings
In a landmark decision, the Allahabad High Court has granted bail to Shivam Yadav @ Chhotu, accused in a case under the stringent Protection of Children from Sexual Offences (POCSO) Act. The court found significant misuse of the Act through the submission of forged school certificates to portray the victim as a minor. Justice Arun Kumar Singh Deshwal emphasized the necessity of ossification tests when school certificates are deemed unreliable, highlighting the need for standardized guidelines for the issuance of school certificates.
The court's order was passed on 12th August 2026, in a bail application filed by Shivam Yadav, accused under Sections 65(1), 137(2), 87 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and Section 3/4(2) of the POCSO Act. The ossification test showed the victim's age to be between 18-20 years, while her statements indicated a consensual relationship, prompting the court to grant bail considering the absence of criminal history and no necessity for custodial interrogation.
The judgment also directed the Principal Secretary, Basic Education, U.P., to issue guidelines for the issuance of date of birth certificates by schools to prevent misuse in legal proceedings under the POCSO Act. The court underscored the importance of reliable age determination procedures as per Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
The decision reflects a critical stance on the misuse of legal provisions that can adversely affect young individuals in consensual relationships and calls for systemic changes to ensure justice is served without prejudice.
Bottom Line :
Misuse of POCSO Act - Clear instances of parents submitting forged school certificates to portray the victim as a minor and invoke stringent provisions of the POCSO Act against accused boys in cases of consensual relationships identified. Need for guidelines on issuance of school certificates highlighted.
Statutory provision(s): Protection of Children from Sexual Offences Act, 2012, Juvenile Justice (Care and Protection of Children) Act, 2015, Bharatiya Nagarik Suraksha Sanhita, 2023
Shivam Yadav @ Chhotu v. State of U.P., (All) : Law Finder Doc id # 2965769
