Context
The latest example of the use of the test came when one of those accused of killing Baba Siddique told a court in Mumbai that he should be tried as a juvenile, claiming he was 17 years old.
About Bone Ossification Test
- Ossification: Natural process of bone formation that continues until late adolescence.
- It helps determine the approximate age of an individual.
- Procedure:
- X-rays taken of specific bones (clavicle, sternum, pelvis) to assess skeletal development.
- These bones are chosen due to dramatic changes in form with age.
- Results compared with standard reference points for bone maturity.
- Reliability:
- Provides an estimated age range but is not fully accurate due to individual variations in bone maturation.
- Margin of Error: Courts recognize variability and allow a margin of error up to two years.
- Documentary Evidence Precedence:
- Ossification test cannot override valid documentary evidence like Aadhaar or birth certificates.
- The test is used only if documentation is unavailable or disputed.
Legal Framework for Age Determination
- Section 94 of the Juvenile Justice (J J) Act:
- If a person’s appearance clearly indicates minor status, no further confirmation is needed.
- If in doubt, documentary evidence like school certificate or birth certificate is checked.
- Ossification test is used only when documentary evidence is missing.
- Importance of Age Determination in Criminal Justice
- Juvenile Status:
- Individuals under 18 years are considered minors and treated differently under the law.
- Minors are tried under the Juvenile Justice (J J) Act, focusing on rehabilitation over punishment.
- Juvenile Justice Board (JJB):
- Handles cases of minors, consisting of a magistrate and two social workers.
- JJB can decide on rehabilitation measures, like community service or up to three years in a special home.
- Special Cases for 16-18 Year Olds:
- 2021 Amendment to the J J Act allows minors aged 16-18, accused of heinous crimes (punishable by seven or more years of imprisonment), to be tried as adults if they can understand the nature and consequences of the crime.
- Juvenile Status:
Source: IE
Previous Year Question
With reference to ‘stem cells’, frequently in the news, which of the following statement(s) is/are correct?
1. Stem cells can be derived from mammals only.
2. Stem cells can be used for screenings new drugs.
3. Stem cells can be used for medical therapies.
[UPSC Civil Service Exam – 2012 Prelims]
Select the correct answer using the codes given below.
(a) 1 only
(b) 2 and 3 only
(c) 3 only
(d) 1, 2 and 3
Answer: (b)
