Why Date of Birth Is Crucial Evidence in POCSO Cases – Expert Legal Opinion
In POCSO (Protection of Children from Sexual Offences) cases, the date of birth of the victim is a critical piece of evidence because the entire applicability of the Act depends on the victim being a minor (below 18 years of age) at the time of the alleged incident.
🧠 Expert Opinion – Dr. Anthony Raju, Advocate, Supreme Court of India
Dr. Anthony Raju, a renowned Supreme Court Advocate and Chairman of the Indian National Human Rights Protection Council, emphasizes:
> “In POCSO cases, the prosecution must conclusively prove the age of the alleged victim. A mere statement or oral claim isn’t enough. Official documents like the birth certificate, school records (10th certificate), or medical board opinion must be consistent and admissible. If age is not properly established, the accused cannot be charged under POCSO provisions.”
This is especially important when false or motivated complaints are made — proving majority can result in discharge or acquittal, especially in consensual relationship cases.
