Factories Act, 1948
104. Onus as to age
(1) When any act or omission would, if a person were under a
certain age, be an offence punishable under this Act, and such person is in the
opinion of the Court prima facie under such age, the burden shall be on the accused
to prove that such person is not under such age.
(2) A declaration in writing by a certifying surgeon relating to
a worker that he has personally examined him and believes him to be under the
age stated in such declaration shall, for the purposes of this Act and the
rules made thereunder , be admissible as evidence of
the age of that worker.