How bone ossification test works, and its application in law

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Last Updated17/10/2024

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.

A recent murder case involving the death of former Maharashtra MLA Baba Siddique has brought the issue of age determination into the spotlight. One of the accused, Dharmaraj Kashyap, claimed to be 17 years old, seeking to be tried under the Juvenile Justice Act. However, a bone ossification test ordered by the court established that he was not a minor.
This case underscores the significance of determining an individual's age in criminal proceedings, particularly when it affects their trial and sentencing under different legal frameworks.

Ossification is the natural process of bone formation that begins in the foetal stage and continues through adolescence. In a bone ossification test, X-rays of certain bones, typically from the hands and wrists, are examined to assess the skeletal development of an individual.
By comparing these images with standard growth patterns, experts can estimate the person’s age. This method helps ascertain whether someone claiming to be a juvenile is, in fact, a minor.

In India, individuals under the age of 18 are considered minors and are governed by the Juvenile Justice (Care and Protection of Children) Act, 2015. The law treats juvenile offenders differently from adults, focusing more on rehabilitation than punishment.
Juveniles cannot be imprisoned with adults and must be placed in observation homes. Their cases are handled by a Juvenile Justice Board (JJB), which includes a magistrate and social workers.
If the individual is found guilty, the JJB may impose lighter sentences, such as community service or a maximum of three years in a special home.
However, under the 2021 amendment to the Juvenile Justice Act, juveniles aged 16 to 18 who commit heinous crimes—offences that carry a minimum sentence of seven years—can be tried as adults if they are deemed to have the mental and physical capacity to understand their actions.

According to Section 94 of the Juvenile Justice Act, if there is doubt about the age of an individual, the authorities must attempt to verify it using the person's school certificate, birth certificate, or records from a municipal body. If none of these documents are available, a bone ossification test or similar medical tests may be used as a last resort.

While bone ossification tests provide a useful tool for estimating age, they are not always entirely reliable. Bone maturation rates can vary between individuals, which introduces a margin of error.
For example, an ossification test might determine a person’s age as between 17 and 19 years. Courts have sometimes ruled in favor of the lower end of the range to ensure that no juvenile is wrongfully tried as an adult, while others, such as the Delhi High Court, have stated that the upper age in the range should be considered, with a two-year margin of error.