Fundamental Difference in Age Claim Rights Between Offenders and Victims

There is an essential legal distinction between an offender claiming juvenility under the Juvenile Justice Act and the determination of a victim's age in a POCSO prosecution. Under the beneficial framework of the JJ Act, an accused offender can raise a plea of juvenility at any stage of criminal proceedings, even after final conviction and disposal of the case. Conversely, the age of a victim is an essential foundational fact that determines the very applicability of the POCSO Act and the specific charges to be framed at the outset of trial. If a victim's age were open to continuous re-determination at any procedural stage like an offender's juvenility claim, trials under general criminal law would face severe instability and nullification. A change in the established age of the victim during or after trial completely alters the substantive statutory provisions, consent considerations, and penalty structures applicable to the accused. Therefore, questions regarding the victim's age must be settled firmly before the trial court at the earliest appropriate stage to ensure a stable legal framework for prosecution. (The State of Uttar Pradesh v. Anurudh & Anr. | 2026 INSC 47)