Supreme Court restricts High Court’s power to issue investigative directions while granting bail.
SUPREME COURT ON BAIL JURISDICTION AND AGE DETERMINATION UNDER POCSO ACT
CASE SUMMARY – The Supreme Court in State of Uttar Pradesh vs. Anurudh & Anr. set aside directions issued by the Allahabad High Court while granting bail in a POCSO case. The High Court had mandated compulsory medical age determination of victims at the investigation stage. The Supreme Court held that such directions exceeded the limited jurisdiction under Section 439 CrPC. It clarified that age determination under POCSO follows the hierarchy prescribed under Section 94 of the Juvenile Justice Act, where medical tests are a last resort. Bail courts cannot conduct mini-trials or issue investigative mandates.
| ASPECTS | DETAILS |
| Case Title | State of Uttar Pradesh vs. Anurudh & Anr. |
| Introduction / Factual Background | The State of Uttar Pradesh challenged the Allahabad High Court’s order granting bail to the accused in a POCSO case. The High Court, while granting bail under Section 439 CrPC, issued sweeping directions mandating medical age determination of victims in all POCSO cases at the investigation stage. |
| Legal Issues |
|
| Applicable Law |
|
| Analysis | The Supreme Court held that bail jurisdiction is limited to deciding liberty pending trial and cannot be expanded to issue policy or investigative directions. The High Court confused constitutional powers with statutory bail powers. On merits, the Court clarified that the statutory scheme prioritises documentary proof of age, and medical tests are resorted to only in the absence of such documents. Mandatory medical testing at investigation stage is unsupported by law. |
| Conclusion | The impugned directions were set aside. The Supreme Court held that the High Court exceeded its jurisdiction under Section 439 CrPC and misinterpreted the statutory framework for age determination under POCSO and JJ Act. |
| Current Scenario | Age determination in POCSO cases continues to follow the hierarchy under Section 94 JJ Act. Medical age determination is not mandatory at the investigation stage and cannot be judicially imposed through bail orders. |
SOURCE – SUPREME COURT OF INDIA
READ ALSO – Article 21 of the Constitution of India
