Bone Ossification Test in Criminal Age Determination Cases

Why in the news?

A Mumbai court used the bone ossification test to determine the age of an accused in a murder case after conflicting evidence about his age surfaced.

Bone Ossification Test in Criminal Age Determination Cases

Overview of Bone Ossification Test:

  • Ossification is the natural process of bone formation, continuing from foetal development to late adolescence.
  • X-rays of specific bones (e.g., hands, wrists) are compared with standard bone development to estimate a person’s age.
  • This test assists in determining skeletal and biological development and uses a scoring system to compare bone maturity.

Application in Criminal Justice:

  • Age determination is crucial in India, as individuals under 18 are considered minors and governed by the Juvenile Justice (JJ) Act, 2015.
  • If the accused is under 18, they are tried before the Juvenile Justice Board, not in a regular court.
  • A child cannot be sent to adult prison but may face up to three years in a special home.

Court Views on Bone Ossification Test:

  • Under Section 94 of the JJ Act, the test is required only when there is doubt about the age of the accused.
  • Courts prioritise documentary evidence over ossification tests, such as school certificates or birth certificates.
  • The test provides an age range with a margin of error, and courts often consider the upper range, especially in POCSO cases.

About the Procedure of Determination of Age (POCSO Act):

Provisions:

  • Section 2(d): Defines a child as anyone below 18 years.
  • Section 34: Special Court’s procedure for age determination:
  • Court must verify the person’s age.
  • Court must document reasons for age determination.
  • Orders remain valid despite later proof of incorrect age.

Landmark Judgments:

  • State v. Varun (2013): Courts should favour juvenility in doubtful cases.
  • Shah Nawaz v. State of Uttar Pradesh (2011): Documentary evidence is prioritised over medical opinion.

Procedure under Juvenile Justice Act, 2015:

  • Section 94: Age determination procedure:
  • Age based on appearance if clearly a child.
  • If doubtful, evidence in this order:
  • School certificate/matriculation certificate.
  • Birth certificate from municipal authority/panchayat.
  • Ossification/medical tests (if prior evidence is unavailable).

Landmark Judgments:

  • Jarnail Singh v. State of Haryana (2013): JJ Act procedure applies to child victims.
  • State of MP v. Anoop Singh (2015): Age determination of rape victims under JJ Rules.
  • Bone Ossification Test:
  • Bone ossification measures bone development to estimate age.
  • Useful in cases involving juveniles under the JJ Act.
  • Vinod Katara v. State of UP (2022): Bone ossification is not an exact science and provides an age range, not a precise age.

Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021: Key Points

  • Empowerment of District Magistrate:
  • Authorises District Magistrates (DMs) to issue adoption orders for faster case disposal.
  • DMs evaluate Child Protection Units, CWCs, Juvenile Justice Boards, and institutions.
  • Child Care Institutions registered with DM’s recommendation.
  • Child Welfare Committees (CWCs):
  • Redefined eligibility for CWC members.
  • Introduced disqualification criteria for integrity and competence.
  • Serious Offences:
  • Offences with no strict category, max. sentence over 7 years, treated as serious under the Act.

 

Sources Referred:

PIB, The Hindu, Indian Express, Hindustan Times