Home | Legal Advice | Criminal Law | Ossification test in rape cases

Ossification test in rape cases

What is the ossification test for determination of age? Does it apply in rape cases? Section 375 of The Indian Penal Code defines the offence of rape. The sixth paragraph of this section says that the consent of the victim is immaterial in offence of rape when the age of the victim is under 18 years. If the accused takes a plea that the victim was above the age of 18 years when the offence was committed. Therefore in this condition determination of age is necessary. The court may order for ossification test of a rape victim if no other director is available regarding her age.

Generally when the victim appears to be above 18 years and some records show that she is below 18 years then contradiction towards age arises. Ossification test is conducted by a medical expert. This test is based upon the fusion of joints in the human body. Generally, all joints of bones become fused at or after the age of 25 years.

Stages of ossification

However, it is scientific evidence but not conclusive because it may be possible that bones take more time infusion. It is almost admitted by law that 2 years should be given as grace period to the person examined.

In Ramdeo Chauhan alias Raj Nath vs State of Assam (2001) SCC it is held by the supreme court that:

“The statement of the doctor is no more than an opinion, the court has to base its conclusions upon all the facts and circumstances disclosed on examining of the physical features of the person whose age is in question……In this vast country with varied latitudes, heights, environment, vegetation and nutrition, the height and weight cannot be expected to be uniform.”

In Vishnu alias Undrya vs. State of Maharashtra (2006) 1 SCC the Supreme Court rejected the plea of defence that ossification test is scientifically proved and it deserves acceptance. Court held that:

“We are unable to accept this contention for the reasons that the expert medical evidence is not binding on the ocular evidence. The opinion of the Medical Officer is to assist the court as he is not a witness of fact and the evidence given by the Medical Officer is advisory and not binding on the witness of fact.”

The court shall examine all the physical evidence of the person concerned. Its decision can’t be based solely upon the opinion of the doctor. If there is any doubt regarding the age, benefit of doubt must in all cases be given to accused. Medical opinion is not binding on the court. This view is reaffirmed by the Supreme Court in Prahlad And Anr. Vs. The State of Haryana (2015) SCC.

Lawyer’s advice

Criminal case for kissing a girl

Father of a girl has filed a criminal case against me for kissing her. Now the complainant wants to compromise with an apology. Ninety days have completed but the investing officer did file a charge sheet. How much time does the investigating officer take to close...

Minor daughter can claim maintenance under section 125 crpc

I am fifteen years old and living with my married sister. A minor daughter can claim maintenance against her father if he does not provide fooding, lodging and education fee etc. My father contracted second marriage after my mother's death. He has a son out of that...

Boyfriend threatens to publish photographs on internet

Boyfriend threatens to publish personal photographs on internet to keep me away from his girlfriend. I was in a relationship with someone for seven years and we broke up due to many reasons. Even after ending the relationship he wanted to keep in touch. I let him...

Kanoonirai established in 2014. It provides a facility to consult a lawyer through online media, telephonic consultation and video conferencing.