‘Widely Misused’: Allahabad HC Flags Forged DOB Certificates In POCSO Cases

The Allahabad High Court has directed the Uttar Pradesh government to frame guidelines for issuing school date-of-birth certificates after finding that a school certificate showing a POCSO victim as a minor was based on a forged transfer certificate. Court also granted bail to the accused, noting that an ossification test had put the victim’s age between 18 and 20 years.

Justice Arun Kumar Singh Deshwal made the observations while granting bail to Shivam Yadav alias Chhotu in a case registered under Sections 65(1), 137(2), 87 of the Bharatiya Nyaya Sanhita [corresponding to Sections 376(3), 363 and 366 of the IPC, respectively] and under Section 3/4 (2) of the POCSO Act in Prayagraj.

Court also directed the Uttar Pradesh Basic Education Department to frame guidelines prescribing the format and procedure for issuing date-of-birth certificates by schools.

How did court find that the school certificate was based on a forged document?

The issue arose because there were conflicting assessments of the victim’s age. An ossification test placed her age between 18 and 20 years. However, a school leaving certificate issued by Narayan Junior High School in Prayagraj recorded her date of birth as November 12, 2012, which would make her a minor.

Court, while hearing the bail application on July 30, had directed the headmaster of Narayan Junior High School to appear with the school records.

The headmaster subsequently told the court that the date of birth had been entered on the basis of a transfer certificate allegedly issued by Kuldeep Gram Samaj Kalyan Junior High School. Court then directed the investigating officer to verify the transfer certificate.

The headmaster of the latter school, however, informed the investigating officer that the victim had never been enrolled there and that the alleged transfer certificate had not been issued by his school.

“This fact shows that a forged T.C. was prepared in the year 2023,” court observed.

It consequently held that the school leaving certificate from Narayan Junior High School, which was based on the disputed transfer certificate, “cannot be taken into consideration”. In the absence of another document, court said, the ossification test was the only option available.

What did the court say about misuse of POCSO?

Court said it had come across “a number of cases” in which parents of victims had submitted forged school certificates, including transfer certificates or letters purportedly issued by headmasters, to show that the victim was below 18 years of age.

“These incidents show clear misuse of the POCSO Act just to punish a boy by the parents of the victim girl, who herself left her house being in a romantic relationship,” court said.

The court referred to Section 94(2) of the Juvenile Justice Act, 2015, which lays down the sequence for determining age where there is doubt. It provides for reliance first on a school date-of-birth certificate or matriculation certificate, followed by a birth certificate issued by a municipal authority or panchayat, and only thereafter an ossification or other latest medical age-determination test.

Court noted that in many cases where a victim does not have a matriculation certificate, the school-issued date-of-birth certificate becomes the document relied upon for determining age.

However, it said there is currently no prescribed format or procedure for schools to issue such certificates. This, according to the court, has been “widely misused” and has resulted in the “false implication of several young boys”, making it difficult for them to obtain bail and leading to easier convictions because of the presumption under the POCSO Act.

Why did the high court grant bail to the accused?

The accused's counsel argued that the victim had herself left her house after being scolded by her parents. She initially stayed in an ashram and later stated in her statement under Section 183 of the BNSS [corresponding to Section 164 of the CrPC] that she had left home of her own free will with the applicant because she was in a relationship with him.

The counsel for the accused also relied on the ossification test, which placed her age between 18 and 20 years, and submitted that her medical examination did not indicate any assault or injury. It also pointed out that the accused had no criminal history, that the chargesheet had been filed and that he had been in jail since May 1, 2026.

The complainant's counsel and the State opposed bail but could not dispute the facts relied upon by the defence.

The high court, without expressing any opinion on the merits of the case, granted bail, citing the nature of the offence, evidence, alleged involvement of the accused, overcrowded jails and the heavy pendency of criminal cases before trial courts. It also referred to Supreme Court and high court guidelines on grant of bail.

Direction to Uttar Pradesh government

Court directed the Principal Secretary, Basic Education, Uttar Pradesh, to issue necessary guidelines, preferably within two months, prescribing a format for school-issued date-of-birth certificates where a student has not passed matriculation.

The guidelines must also specify the documents that parents or guardians would have to submit to the school at the time of admission.

A copy of the order has been directed to be communicated to the Principal Secretary through the Registrar (Compliance) for necessary action.

Case Title: Shivam Yadav @ Chhotu vs. State Of U.P. And 3 Others

Order Date: August 12, 2026

Bench: Justice Arun Kumar Singh Deshwal