Nationalist Congress Party (Ajit faction) leader and former minister Baba Siddiqui was shot dead in Mumbai on the night of October 12. Police have arrested three accused in this case. In which one of the accused Dharmaraj Kashyap declared himself a minor. According to the date of birth on the Aadhaar card, he was an adult at the time of the incident, police said.
The magistrate court ordered a bone ossification test of the accused to investigate this. After the test report, it was confirmed that the accused Dharmaraj is not a minor. Indian law provides for different punishments for juvenile and adult accused. In such a situation, even the slightest doubt about one's age can affect the entire legal process.
So today In work news Let us talk about how the age of the accused is determined. You will also learn that-
- What is a bone ossification test?
- Can someone's age be determined from bones or teeth?
Expert:
Dr. Prashant Niranjan, Chief Medical Superintendent, Government Medical College Jalaun (Uttar Pradesh)
Rudra Vikram Singh, Advocate, Supreme Court
Question- How is age of accused or victim checked? Answer- Advocate Rudra Vikram Singh says that the first and most reliable document to know the age of an accused or a victim in India is their birth certificate. Even today many people do not have a birth certificate. In such a case, the date of birth as per their identity card is considered correct. If there is any objection or doubt regarding the date of birth written in the identity card, after the order of the court, a medical test is done on the accused or the victim.
Understand this from the following graphic.
Question- How to know the exact age of someone by teeth? Answer- Dr. Prashant Niranjan says that one can know the age of a person by looking at the teeth in the mouth. For example, a person is under 14 years of age if they have even one baby tooth in their mouth. The one who has moles in his mouth is around 18 years old. The number of teeth (maximum 32) also increases with age. Even at 1400 degree temperature our teeth are not damaged. In such cases, even though the body has a skeleton, the age can be estimated by the teeth.
Question- How can one determine one's age through DNA testing? Answer- Dr. Prashant Niranjan says that DNA testing can also determine age. This process is called DNA methylation. In fact, with age, methyl group tags stick to DNA. According to their patterns, one's approximate age can be determined. In most cases of skeletal remains, police perform this test to verify age.
Q- What is bone ossification test? Answer- This is a method of ascertaining a person's true age, commonly used in legal entanglements. In this, some specific bones of the body are tested.
Understand what the bone ossification test is from the graphic below.
Q- When do police conduct bone ossification test? Answer- Advocate Rudra Vikram Singh explains that this test is usually used in forensic and legal proceedings to ascertain the exact age of a victim or accused. When in doubt about the age of the accused, the police conduct a bone ossification test. From it, it is known whether the accused is an adult or a minor. Apart from this, the police also conducts this test to know the exact age of the victim. For example, if a minor has been sexually abused, the accused will be prosecuted under POCSO (Protection of Children from Sexual Offences).
A bone ossification test is also conducted to find out the true age of national or international players, so that no player above a certain age can play in any tournament. This examination is not conducted by a single person, but by a medical board.
Q- What is the legal procedure against a minor accused? Answer- Advocate Rudra Vikram Singh says the Supreme Court in Roper v Simmons (2005) ruled that all juveniles should not be lumped into the same category. Individuals should be tested based on their maturity level, intelligence quotient (IQ), life experience and history. However, minors below 12 years of age cannot be prosecuted.
The legal procedure in the case of a minor accused is as follows.
- In the case of a minor accused, proceedings are taken under the Juvenile Justice Act, 2015.
- The case is registered in the Children's Court.
- A Juvenile Court examines the case of a minor accused.
- Appropriate action is taken for juvenile accused. such as counselling, education and training.
- If the juvenile accused is found guilty, the Children's Court orders the sentence.
- A minor accused or his guardian may appeal against the order of the Children's Court.
Question: What can be the consequence of error in determining the age of the accused? Answer- Follow the instructions given below-
- If a case of sexual exploitation of a minor is registered against a person, he cannot get bail in any way. Anticipatory bail can be taken before the change in law.
- If the age of the victim in the FIR or medical report is more than 18 years then no action will be taken against the accused under POCSO. Therefore, it is necessary to be very careful while determining the age.
- If an adult accused is declared a minor, he can avoid the provision of severe punishment. So it is necessary to know the exact age of both the accused and the victim.
Image Credit: (Divya-Bhaskar): Images/graphics belong to (Divya-Bhaskar).
