Discussion
Read the following statements and choose the correct option.
Statement I : Ossification test is the final test to analyze bone fusion for estimating the age of a juvenile as per law.
Statement II : Statutory documents like a birth certificate will be given precedence to determine the juvenile.
In the context of the above statements under the Indian Evidence Act, 1872, which one of the following options is correct ?
Answer: D
Only Statement II is true.
Under Section 94(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015, age is determined first from the date of birth certificate from the school or the matriculation certificate, failing that from the birth certificate issued by a corporation, municipal authority or panchayat, and only in their absence by an ossification test or other medical age test. Statutory documents therefore take precedence, which makes Statement II true.
Statement I is false. The ossification test is the last resort, not the final word, and courts treat its result as an estimate with a margin of error of about two years either way. That rules out every option calling Statement I true.
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