SOME MEDICOLEGAL CONSIDERATIONS
Anil Aggrawal
Department of Forensic Medicine
Maulana Azad Medical College
New Delhi-110002
India
Age estimation in the living is one of the most important tasks of a forensic practitioner especially in developing countries where birth records are often not well-maintained. Despite the fact that there are a number of laws requiring registration of births (e.g Registration of Births and Deaths Act in India ) most births are not properly recorded. We get a number of cases every day for estimation of age in living individuals in various situations, both criminal and civil. Let us have a glimpse into a few such situations. Civil Cases
The minimum legal age for marriage in India is 21 years for boys and 18 years for girls. When a boy and girl want to marry in a court of law (this usually happens when they have eloped and want to marry against the wishes of their parents), the court official demands an age certificate from both of them. In case of non-production of this certificate, the court may refer the case to an age clinic (as is regularly run by the Forensic Medicine department of the Maulana Azad Medical College, New Delhi, India) for estimation of age. Criminal cases
The legal age of consent by a girl for sexual intercourse according to Indian law is 16 years. If a boy and a girl have eloped and have had intercourse willingly, the boy may still be prosecuted for rape, if the girl happens to be below 16 years of age. If the girl were above 16 years, it is not infrequent in such cases for the girl's parents to destroy her birth certificate (even if it were there), and claim their daughter's age to be below 16 years. This is done with a view to have revenge from the boy who instigated their daughter to run away from home. In such cases too, the police refers the case to the doctor for estimation of age. Ages of Medicolegal importance
Following ages are usually relevant in various medicolegal situations:
Medicolegal importance of 1 year of age
- According to South Carolina ’s child passenger restraint law, Children from birth to 1 year old, or who weigh less than 20 pounds, must be secured in a rear-facing child safety seat. ( http://www.buckleupsc.com/cps/laws.htm). Washington state also has a similar law ( http://depts.washington.edu/booster/anton_skeen_bill.html). Similar laws exist in several other nations (http://www.ideamerge.com/leasing/childseat.html)
- In some countries, such as Canada, Italy, the United Kingdom and Australia , murder of a child less than one year of age by its own mother is not considered homicide. Instead, the mother is charged with a lesser offence of infanticide for which the punishment is lesser. This is because such murders could be due to post-partum depression, or 'baby-blues' [supposed to be due to the effects of lactation and other aspects of post-natal care]. ( http://en.wikipedia.org/wiki/Murder)
Medicolegal importance of 2 years of age
- According to the Code of Maryland, in certain cases of alimony, a determination of potential income may not be made for a parent who is caring for a child under the age of 2 years for whom the parents are jointly and severally responsible. (For details visit http://www.dhr.state.md.us/csea/help.htm)
Medicolegal importance of 3 years of age
- According to the UK law, if a child under 3 years old is carried in the front seat of a car, an appropriate child restraint MUST be used (the adult seat belt is not sufficient). Children under 3 years old may not travel in the front unless they are in a child restraint. If carried in the rear seat, an appropriate child restraint MUST be used, IF AVAILABLE. If an appropriate restraint is fitted in the front of the car, but not the rear, children under 3 years old MUST sit in the front and use that restraint. Remember, you could move the restraint from the front to the rear if you wish. Rearward-facing seats are designed to be used in the rear as well as the front. You should always put a rearward-facing baby seat in the rear if is a front passenger airbag fitted. (http://www.childcarseats.org.uk/law/index.htm)
Medicolegal importance of 4 years of age
- Under Pennsylvania law, children under 4 years of age are required to use a child restraint device. Nonuse is a primary offense. Children 4 to under 8 years of age are required to use a booster seat. It is a secondary offense. The fine is a sliding fine up to $100.00. ( http://www.psp.state.pa.us/psp/cwp/view.asp?A=310&Q=165399)
Medicolegal importance of 5 years of age
- According to Section 6 (a) of The Hindu Minority and Guardianship Act 1956, a minor who has not completed the age of 5 years shall ordinarily be in the custody of the mother.
Medicolegal importance of 6 years of age
- Under California law, automobile passengers under 6 years or lighter than 60 pounds must be securely fastened in a child safety seat. ( http://webtrafficschool.com/wts/content/California/s3_1ca.html).
Medicolegal importance of 7 years of age
- According to Section 82 of the Indian Penal Code (I.P.C.), a child less than 7 years of age can not commit an offence.
[There is a common misconception among several students (unfortunately propagated by many text books) that under the Indian Railways Act 1890, a child even under 7 years of age is liable for punishment, if it does anything maliciously to wreck or attempt to wreck a train, to hurt or attempt to hurt persons traveling by railway or to endanger the safety of persons traveling by railway by willful act or by way of rash or negligent act or omission. This is not correct as the Indian Railways Act has now been completely modified. The new Act was passed in 1989, and it does not have any provision like this. Please click here for brief history of Indian railways, which gives the history of how Indian Railways Act, 1890 was passed. Please click here to see a mention of the new Indian Railways Act, 1989. ]
Medicolegal importance of 8 years of age
- Under Pennsylvania law, Children under 4 years of age are required to use a child restraint device. Nonuse is a primary offense. Children 4 to under 8 years of age are required to use a booster seat. It is a secondary offense. The fine is a sliding fine up to $100.00. ( http://www.psp.state.pa.us/psp/cwp/view.asp?A=310&Q=165399)
Medicolegal importance of 9 years of age
- According to the 1819 Factory Act of UK , no child under 9 could work in factories. Children from 9 to 16 were allowed to work a maximum of 72 hours per week with one and a half hours a day for meals. This age was however later reduced to 8 years by the 1844 Graham`s Factory Act. (http://www.historylearningsite.co.uk/law.htm)
Medicolegal importance of 10 years of age
- According to Section 369 of I.P.C., to constitute a crime of kidnapping or abducting a child with the intention of taking dishonestly any moveable property from its person, the age of such child should be below 10 years.
- Under the 1842 Mines and Colleries Act all women and children under 10 were banned from working underground. (http://www.historylearningsite.co.uk/law.htm)
Medicolegal importance of 12 years of age
