Disposed

Court on Its Own Motion v. State Govt. of NCT of Delhi

Delhi HC17 Mar 2026CRL.REF./3/2024

Case brief

AI extract

What is this about?

The Delhi High Court, on its own motion, considered a reference regarding the reckoning of a child victim's age in PCPO cases absent a bone ossification test bracket. The Court deferred adjudication to the Trial Court, allowing the exercise of powers under Section 348 BNSS to determine the facts based on evidence.

What did the court decide?

The reference was disposed of, leaving the questions of fact regarding age reckoning to be adjudicated by the learned Trial Court.

Court on Its Own Motion Vs State Govt. of NCT of… — Child Sexual Offences (POCSO) | Delhi HC (2026)

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$~8

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.REF. 3/2024

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COURT ON ITS OWN MOTION .....Petitioner Through: Mr. Abhir Datt, Amicus Curiae

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versus

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STATE GOVT. OF NCT OF DELHI .....Respondent Through: Mr. Sanjeev Bhandari, ASC along with Mr. Arjit Sharma, Ms. Sakshi Jha, Advs. and SI Pinki, PS Sultanpuri

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CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE RAVINDER DUDEJA

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O R D E R % 17.03.2026 1. This reference has been registered on the following questions being referred by the learned ASJ (FTSC), POCSO, North West, Rohini Courts vide order dated 07.11.2024 passed in Sessions Case No. 354/2021 titled as State vs. Ramesh & Ors. arising out of FIR No.513/2021, registered at PS Sultan Puri:

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"Q. i) How the age of victim/child is to be reckoned when no age bracket has been provided in bone ossification test? Q. ii) Whether the 'margin of error' is to be applicable when no age bracket has been provided in Bone Ossification Test".

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The learned Amicus as also the learned Additional Standing Counsel for the State submit that the questions being referred are in the effect seeking an opinion on the manner of appreciation of evidence lead before the learned Trial Court.

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/03/2026 at 10:28:45

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We are in agreement with the submission made.

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It is for the learned Trial Court to determine how the age of the victim/child is to be reckoned on the evidence lead before it. In determination of the said questions of fact, the learned Trial Court can also exercise its power, including under Section 348 of the BNSS (Section 311 of Cr.P.C.), if so warranted.

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In view of the above, we dispose of this reference leaving it open to the learned Trial Court to adjudicate on the above question of fact on the evidence lead before it.

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We record our appreciation for the learned Amicus for assisting us in this matter.

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NAVIN CHAWLA, J

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RAVINDER DUDEJA, J

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MARCH 17, 2026/gs/sk/ik

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 23/03/2026 at 10:28:45

Court on Its Own Motion v. State Govt. of NCT of Delhi

Case brief

What is this about?

What did the court decide?

Court on Its Own Motion v. State Govt. of NCT of Delhi

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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