Court highlights victim's voluntary departure and inconsistent age records; mandates cooperation for issuing final guidelines on school age documentation in Uttar Pradesh.
In a recent judgment dated October 24, 2026, the Allahabad High Court granted bail to Banti alias Banshi, who was accused under sections of the Bharatiya Nyaya Sanhita, 2023 (BNS), and the Protection of Children from Sexual Offences (POCSO) Act, 2012. The case pertained to allegations of enticing away and sexual offences against a minor girl in Mainpuri district, Uttar Pradesh.
The court's decision came after a detailed examination of the victim's statements and the evidence on record. The victim, in her statements under Sections 180 and 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNS), stated that she voluntarily left her home with the applicant due to a love relationship. She claimed to have passed Class VIII and was approximately 14 years old. Contrarily, the victim's father stated her age to be about 16 years, while the prosecution relied on a school certificate from Class V which suggested a younger age. Allegations were also raised regarding concealment of the Class VIII marksheet and school certificate. Medical examination of the victim was not conducted due to refusal by her parents.
The court observed that the applicant had no prior criminal history, and the charge-sheet had already been filed, indicating no necessity for custodial interrogation. It also noted the issue of overcrowded jails and the pendency of criminal cases, which factored into the decision to grant bail.
Significantly, the court addressed the recurring problem of false age certificates leading to wrongful implication of young boys under the POCSO Act. It referred to its earlier judgment in the case of Shivam Yadav @ Chhotu v. State of U.P., which had directed the Principal Secretary of Basic Education, Uttar Pradesh, to formulate guidelines for age entry at school admission.
In compliance with this direction, the Additional Chief Secretary (ACS), Basic Education, U.P., informed the court about the preparation of proposed guidelines requiring submission of four documents at the time of admission, including hospital certificates, Aanganwadi records, and birth/death registers maintained by Gram Panchayats. In the absence of such documents, an affidavit from the parent would suffice. The court expressed satisfaction with these measures and directed all relevant departments to cooperate in finalizing the guidelines for age entry and the format of school-issued age certificates.
While granting bail to the applicant, the court imposed strict conditions including furnishing personal bonds with sureties, prohibition against tampering with evidence or influencing witnesses, cooperation with trial proceedings without seeking adjournments, and refraining from any criminal activity during the bail period. Verification of identity, residence proof, mobile number, and Aadhaar card of the applicant and sureties was mandated before bond acceptance. The court also directed the use of the Bail Order Management System for prompt release and communication of the bail order to the jail authorities.
This judgment reflects the court's balanced approach in safeguarding the rights of the accused while addressing systemic issues in age verification that impact the justice delivery process in cases involving minors. The directive to standardize age documentation in schools is expected to reduce wrongful prosecutions and protect the interests of genuine minors and accused alike.
Bottom Line:
Bail - Alleged offences under BNS and POCSO Act - Victim in her statements under Sections 180 and 183 BNSS stated that she had voluntarily left home with applicant due to love relationship - Father stated victim was about 16 years old, while prosecution relied on school certificate showing lower age and concealment of Class VIII record was alleged - Medical examination was not conducted due to refusal by parents - Charge-sheet had been filed and applicant had no criminal history - Bail granted. Court also considered issue of incorrect age entries in school records and directed cooperation with ACS, Basic Education, U.P. for final guidelines regarding entry of age in school and age certificate format.
Statutory provision(s):
Bharatiya Nyaya Sanhita, 2023 Sections 137(2), 87, 65(1), Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 180, 183, POCSO Act, 2012 Sections 3, 4
Banti @ Banshi v. State of U.P., (All) : Law Finder Doc Id # 3002520
