Vishal Gupta (lawyer) 23 June 2009

ossification test

Can a judicial magistrate ask for ossfication test under juvenile justice act in order to ascertain the age of the accused inspite of the documentary proof?

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10 Replies

suresh kumar .P (advocate ) 24 June 2009

yes, a magistrate can order for dental examination in order to determine the age of a boy/girl if no proof of age exists.

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Dr Pankaj Prajapati (Doctor) 07 July 2009

yes, there are 3 things require for accurate age estimation 1. dental examination 2. physical examination 3. ossificaton test

PARTHA P BORBORA (advocate) 07 July 2009

if there exists an authantic birth certificate or a school certificate no magistrate can not order for ossification test.

Dr Pankaj Prajapati (Doctor) 07 July 2009

i don't think it's true.. How can believe that birth certificate is authantic?

Dr Pankaj Prajapati (Doctor) 07 July 2009

please go through "Modi".

PARTHA P BORBORA (advocate) 08 July 2009

a birth certificate is treated as authentic document as it is issued by the Govt at the time of birth. moreover an ossification test is based on the opinion of a doctor, it is not 100% correct.

Dharmesh Manjeshwar (Advocate/Lawyer) 08 July 2009

I do agree with Adv. Parthaprotim. A certificate issued by the Govt. authorities has more weight against personal opinions. opinions may differ from person to person.

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Rajan Salvi (Lawyer) 16 February 2010

Both, the Birth certificate and the expert opinion are open to scrutiny. There is nothing like one is superior to other. However evidence act leans in favour of the certificate.

Bidhan Dave (Advocate) 07 March 2010

The Supreme Court & many High Court of states have ruled that report of ossification is the expert opinion & not conclusive. Ossification test can assess the age but there will be error of plus or minus 2 years.

The Certificate of Birth issued by the village or municipal authority is conclusive evidence of age. Expert evidence or the Ossification report can be considered only If the authentic or conclusive evidence is not available.

School Leaving Certificate is also considered if the Birth Certificate is not available.