Source: This post on Bone ossification test has been created based on the article “How bone ossification test works, and its application in law” published in Indian Express on 16th October 2024.
Why in news?
One of the accused in the murder case of former Maharashtra MLA Baba Siddique claimed to be a minor. The court ordered a bone ossification test, which confirmed that the accused was not a minor, leading to his remand in police custody as an adult.
About Bone Ossification Test
1. Definition: Ossification is the natural process of bone formation that starts in early fetal development and continues into late adolescence. It differs among individuals.
2. Purpose: The test approximates a person’s age based on bone development.
3. Process: X-rays of specific bones, like those in the hands and wrists, are taken to assess skeletal development. These images are compared to standard references to determine the individual’s biological age.
4. Scoring System: Experts analyze specific bones and their growth against standardized maturation charts for the relevant population.
Application in the Criminal Justice System
1. Juvenile Justice Act (JJA): Individuals below 18 are considered minors under the Juvenile Justice (Care and Protection of Children) Act, 2015. Minors are subject to different legal processes focused on rehabilitation rather than punishment.
2. Juvenile Justice Board (JJB): Minors in conflict with the law are brought before the JJB, which includes a magistrate and two social workers. The Board may issue penalties like community service or time in a special home.
3. Trials for Heinous Crimes: Following a 2021 amendment, juveniles aged 16-18 accused of heinous offenses (with a minimum of seven years’ imprisonment) undergo an assessment. This evaluation checks their mental and physical capacity to understand the crime and its consequences before determining whether they should be tried as adults.
Legal Considerations for Age Determination
1. Section 94 of the JJA: When there’s ambiguity regarding age, the Board seeks proof from school certificates or birth records. In the absence of documentation, ossification or other medical tests may be ordered.
2. Judicial Precedents: Courts have emphasized that bone ossification tests should be a last resort, especially when documentary evidence is available. Tests are supplementary and do not override existing evidence of age.
3. Supreme Court Directive: The Supreme Court has clarified that ossification tests are less prioritized and should follow after examining all other documentation.
Reliability and Accuracy of Bone Ossification Tests
1. Variability in Development: Due to differences in individual maturation, ossification tests are not foolproof. They provide an age range, e.g., 17-19 years.
2. Margin of Error: Courts often account for a margin of error, especially in sensitive cases. For example, in cases under the Protection of Children from Sexual Offences (POCSO) Act, the Delhi High Court advises that the upper age in the range should be considered, with an added margin of error of up to two years.
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