The leader of the Nationalist Congress Party (Ajit faction) and former minister, Baba Siddiqui, was shot dead in Mumbai on the night of October 12. Police have arrested three accused in the case. In this, one of the accused, Dharamraj Kashyap, had declared himself a minor. Police said that based on the date of birth in the Aadhaar card, he was an adult at the time of the incident.
The trial court had ordered a bone ossification test on the accused to investigate the matter. After the test report, it was confirmed that the accused Dharamraj is not a minor. Indian law provides different penalties for juvenile and adult defendants. In such a situation, even the slightest doubt about a person’s age can affect the entire legal process.
so today news of need I will talk about how the age of the accused is determined. You will also learn that-
What is the bone ossification test? Can a person’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 verified? answer- Lawyer Rudra Vikram Singh says that in India, the first reliable certificate to know the age of an accused or a victim is their birth certificate. Because even today, many people do not have a birth certificate. In such a situation, the date of birth on their ID card is considered correct. If there is an objection or doubt regarding the date of birth recorded on the identity card, after a court decision, a medical examination of the accused or victim is carried out.
Understand this from the graph below.
Question: How can we know the exact age of a person using their teeth? answer- Dr. Prashant Niranjan explains that a person’s age can be determined by looking at the teeth in the mouth. For example, if someone has even one baby tooth in their mouth, their age is less than 14 years old. Anyone who has molars in their mouth is around 18 years old. The number of teeth (maximum 32) also increases with age. Our teeth are not damaged even at a temperature of 1,400 degrees. In such a situation, even after having a skeleton in the body, the age can be estimated through the teeth.
Question: How can a person’s age be determined through DNA testing? answer- Dr. Prashant Niranjan says age can also be determined through DNA testing. This is called the process of DNA methylation. In fact, with age, methyl group tags stick to DNA. Depending on their characteristics, the approximate age of a person can be determined. In most cases of skeletonized bodies, the police perform this test to verify age.
Question: What is the bone ossification test? answer- This is a method commonly used in legal situations to determine a person’s true age. In this, some specific bones of the body are tested.
Understand from the graph below what the bone ossification test is.
Question: When do the police conduct a bone ossification test? answer- Lawyer Rudra Vikram Singh explains that this test is generally used in forensic and court proceedings to find out the exact age of a victim or accused. If there is any doubt about the age of an accused, the police conduct a bone ossification test. This helps determine whether the accused is an adult or a minor. Apart from this, the police also conduct this test to know the exact age of the victim. For example, if a minor has been sexually exploited, action will be taken against the accused under POCSO (Protection of Children from Sexual Offenses).
A bone ossification test is also carried out to know the correct age of national or international players, so that no player above the prescribed age can participate in a tournament. This examination is not carried out by a single person, but by a medical commission.
Question: What is the legal procedure against a minor accused? answer- Lawyer Rudra Vikram Singh says the Supreme Court had ruled in Roper v Simmons (2005) that not all minors should be put 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 12 cannot be prosecuted.
The legal procedure in the case of a minor accused is as follows.
In the case of a minor accused, action is taken under the Juvenile Justice Act, 2015. The case is registered with the juvenile court. The juvenile court is investigating the case of the minor accused. Corrective measures are taken for the minor accused. Such as consultancy, education and training. If the accused minor is found guilty, the juvenile court orders sentencing. The accused minor or his or her guardian may appeal the order of the juvenile court.
Question: What are the consequences of an error 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 a person, he cannot get bail under any circumstances. Before the change in the law, anticipatory bail could be requested. If the age of the victim given in the FIR or medical report is more than 18 years, no action will be taken against the accused under POCSO. Therefore, it is important to be extremely careful when determining age. If an accused adult is declared a minor, then he or she can avoid facing severe penalties. It is therefore important to know the exact age of the accused and the victim.
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