Bone Ossification Test for Age Determination
Definition:
Bone ossification is the natural process of bone formation, starting from fetal development and continuing until late adolescence.
Ossification test is a medical procedure using X-rays of specific bones (hand, wrist) to determine skeletal maturity and estimate age.
Process:
X-rays are taken of certain bones (mainly hands, wrists).
The development stage of bones is compared with standard X-rays of bones from individuals of known ages.
A scoring system evaluates the maturity of individual bones to approximate the person’s age.
Bone Ossification Test for Age Determination
Significance in Criminal Justice:
Under Indian law, anyone under 18 is considered a minor and tried under the Juvenile Justice (JJ) Act, 2015.
Minors are not sent to adult prisons; they are sent to observation homes or dealt with by the Juvenile Justice Board (JJB).
For children aged 16-18, accused of heinous crimes (minimum punishment of 7 years), a preliminary assessment by the JJB determines if they can be tried as adults.
Bone Ossification Test for Age Determination
Legal Guidelines for Age Determination:
Section 94 of the JJ Act prioritizes documentary evidence (birth certificates, school records) for determining age.
Ossification test is used only when documentary evidence is unavailable or when age is in doubt.
Court Rulings on Ossification Tests:
The test should be the last resort if no documentary evidence exists.
Courts have emphasized that the test cannot override documentary evidence.
The Supreme Court has ruled that ossification tests should only be used if essential.
Reliability and Accuracy:
Bone development can vary among individuals, leading to a range of estimated ages (e.g., 17-19 years).
The test has a margin of error, typically around two years.
In cases like POCSO, courts may consider the upper age limit of the test’s range.
Key Judicial Observations:
Courts have debated whether to use the lower or upper end of the age range.
In certain cases, courts have used the upper range for the benefit of the accused or victim.