21 minutes agoAuthor: Sandeep Singh
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Nationalist Congress Party (Ajit faction) leader and former minister Baba Siddiqui was shot dead in Mumbai on the night of 12 October. Police have arrested three accused in this case. In this, one of the accused Dharamraj Kashyap had declared himself a minor. The police said that according to the date of birth on the Aadhaar card, he was an adult at the time of the incident.
The Magistrate Court had ordered a bone ossification test of the accused to investigate this. After the test report, it was confirmed that the accused Dharamraj is not a minor. Indian law has a provision for different punishment for minor and adult accused. In such a situation, even the slightest doubt regarding someone’s age can affect the entire legal process.
so today needed news I will talk about how the age of the accused is determined. You will also learn that-
- What is 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 the age of an accused or victim checked?
answer- Advocate Rudra Vikram Singh says that in India, the first and reliable certificate to know the age of an accused or victim is his birth certificate. Since even today many people do not have birth certificates. In such a situation, 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, then after the order of the court, medical test of the accused or the victim is conducted.
Understand this from the graphic below.
Question- How can someone’s exact age be told through teeth?
answer- Dr. Prashant Niranjan explains that someone’s age can be determined by looking at the teeth in the mouth. For example, if someone has even one milk tooth in his mouth then his age is less than 14 years. The one who has molars in his mouth is around 18 years old. The number of teeth (maximum 32) also increases with age. Our teeth do not get damaged even in 1400 degree temperature. In such a situation, even after having a skeleton in the body, age can be estimated through teeth.
Question- How can someone’s age be determined through DNA testing?
answer- Dr. Prashant Niranjan says that age can also be determined through DNA testing. This is called DNA Methylation Process. Actually, with age, methyl group tags stick to DNA. According to their patterns, someone’s approximate age can be determined. In most of the cases of skeletonized bodies, the police conducts this test to check the age.
Question- What is bone ossification test?
answer- This is a method of determining a person’s true age, which is commonly used in legal situations. In this, some specific bones of the body are tested.
Understand from the graphic below what is bone ossification test.
Question- When does the police conduct bone ossification test?
answer- Advocate Rudra Vikram Singh explains that this test is generally used in forensic and legal proceedings to find out the exact age of a victim or accused. When there is doubt about the age of an accused, the police conducts a bone ossification test. From this it is ascertained whether the accused is an adult or a minor. Apart from this, the police also conducts this test to find out the exact age of the victim. For example, if a minor has been sexually exploited then action will be taken against the accused under POCSO (Protection of Children from Sexual Offenses).
Bone ossification test is also done to find out the correct age of national or international players, so that no player above the prescribed age can play in any tournament. This examination is not done by a single person, but by a medical board.
Question- What is the legal process against a minor accused?
answer- Advocate Rudra Vikram Singh says that the Supreme Court had ruled in the Roper vs. Simmons (2005) case that all juveniles should not be kept in the same category. Personal assessment should be done on the basis of their maturity level, intelligence quotient (IQ), life experience and history. However, a minor under the age of 12 cannot be prosecuted.
The legal process in the case of a minor accused is as follows.
- In the case of minor accused, action is taken under the Juvenile Justice Act, 2015.
- The case is registered in the Children’s Court.
- Children’s Court investigates the case of minor accused.
- Corrective action is taken for the minor accused. Such as counselling, education and training.
- If the minor accused is found guilty then the Children’s Court orders punishment.
- The minor accused or his guardian can appeal against the order of the Children’s Court.
Question: What can be the consequences of mistake in determining the age of an accused?
answer- Understand from the pointers given below –
- If a case of sexual exploitation of a minor is registered against any person, then he cannot get bail in any way. Before the change in law, anticipatory bail could be taken.
- If the age of the victim in the FIR or medical report is above 18 years, then no action will be taken against the accused under POCSO. Therefore, it is important to be extremely cautious while determining age.
- If an adult accused is declared a minor then he can escape from the provision of serious punishment. Therefore, it is important to know the exact age of both the accused and the victim.
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