CONSTITUTIONAL VALIDITY OF AGE DETERMINATION PROCEDURES UNDER THE JUVENILE JUSTICE ACT: RECONCILING ARTICLE 21 WITH PRESUMPTION OF INNOCENCE
RatheeshKumar, V V (2026) CONSTITUTIONAL VALIDITY OF AGE DETERMINATION PROCEDURES UNDER THE JUVENILE JUSTICE ACT: RECONCILING ARTICLE 21 WITH PRESUMPTION OF INNOCENCE. Indian Journal of Integrated Research in Law, 3 (2): 1. pp. 3-9. ISSN 583-0538
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Abstract
The determination of age in juvenile justice proceedings represents a critical intersection of constitutional rights, evidentiary standards, and child welfare principles. This research paper examines the constitutional validity of age
determination procedures under the Juvenile Justice (Care and Protection of Children) Act, 2015, with particular emphasis on their compatibility with
Article 21 of the Constitution and the presumption of innocence. The paper analyzes the legal framework governing age verification, including the reliance on ossification tests and documentary evidence, and evaluates their
impact on fundamental rights of alleged juvenile offenders. Throughdoctrinal analysis and case law examination, this study identifies inherent tensions between scientific uncertainty in age determination methods and the
constitutional mandate to afford maximum protection to children. The research argues that current age determination procedures, while intended toprevent abuse, may inadvertently violate the principles of benefit of doubt
and due process. The paper concludes by proposing a rights-based approach to age determination that harmonizes statutory requirements with constitutional guarantees, ensuring that juvenile justice administration
upholds both child welfare objectives and fundamental rights protection.
| Item Type: | Article |
|---|---|
| Subjects: | Legal Studies > Constitutional Law |
| Domains: | Legal Studies |
| Depositing User: | Mr IR Admin |
| Date Deposited: | 13 May 2026 15:44 |
| Last Modified: | 16 Jun 2026 04:59 |
| URI: | https://ir.vistas.ac.in/id/eprint/14934 |
