BONE OSSIFICATION TEST

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Context: 

The Magistrate has ordered a bone ossification test to determine whether the accused of MLA Baba Siddique's murder was a minor.

What is Bone Ossification?

Bone ossification is the natural process of bone formation and development which starts in the initial stages of foetal development and continues until late adolescence. 

The stage of bone development can be used to estimate a person's age through bone ossification tests.

Bone Ossification Test

A Bone Ossification Test is a medical procedure to determine the degree of growth in certain bones, such as the clavicle, sternum, and pelvis using X-rays.

The results are compared to standard reference points for bone maturity

Determination of the age of a person with the test

In a bone ossification test, X-rays of a few bones, such as those of the hands and the wrists, are conducted to determine skeletal and biological development. 

The images are then compared with X-rays of standard development.

An analysis based on a scoring system looks at individual bones on the hands and wrists and 

their development and compares them with the standard of maturation of bones of a sample population.

Based on the comparison, the experts determine the approximate age of the person.

Which bones are chosen for the test and why?

Bones that are often used in bone ossification tests include the clavicle, sternum, and pelvis because they undergo the most dramatic changes in shape as a person ages:

Clavicle: A long bone that connects the shoulder blade to the sternum. Growth plates in the clavicle gradually fuse as a person matures. 

Sternum: Also known as the breastbone, the sternum ossifies in segments called sternebrae. These segments fuse over time. 

Pelvis: The bones in the pelvis fuse during development.

Applications of Tests in the Criminal Justice System

Bone ossification tests are often used in legal or forensic contexts, such as juvenile crime investigations.

Anyone below 18 is considered a minor under the Juvenile Justice (Care and Protection of Children) Act, 2015. They are subject to rehabilitation rather than punishment. To determine 

the age and growth of the person, the test is used.

Legal aspect 

Section 94 of the JJA:

In case of ambiguity regarding the age of the accused, the Juvenile Justice Board can seek proof of birth records. In case of a lack of documentation, ossification tests may be ordered by the board.

Judicial Precedents:

The Supreme Court and High Courts on multiple occasions have noted that bone ossification tests should be a last resort only and tests should not override existing evidence of age.

How reliable are bone ossification tests?

There is variability in observing the maturation of bones and this could impact the accuracy of the test. 

Even small differences in development among individuals have some scope for error.

There are issues with the margin of error range, as to what should be the fixed margin of error for juveniles. The Delhi High Court in 2024 held that in POCSO (Protection of Children from Sexual Offences) Act cases where the age of the victim is determined through an ossification test, a “margin of error of two years is required to be applied”.

Important articles for reference

Juvenile justice act

Sources:

INDIAN EXPRESS

HINDUSTAN TIMES