Gautam Biswas's FMT book is not in the library, but KSN Reddy's 36th edition (2026) is present - which is the primary reference. I now have all the content from the section. Let me compile the comprehensive answer.
Here is the complete topic from KSN Reddy's "The Essentials of Forensic Medicine and Toxicology" (36th Edition, 2026) - the authoritative FMT reference (Gautam Biswas's textbook covers largely the same points):
MEDICOLEGAL IMPORTANCE OF AGE
Age estimation is a key function of the forensic expert because age determines legal rights, responsibilities, and punishments under Indian law. The following are the recognized medicolegal contexts:
1. Criminal Responsibility
Under the Bharatiya Nyaya Sanhita (BNS) (formerly IPC):
| Age Group | Legal Position |
|---|
| Under 7 years | No criminal liability - any act is not an offence [Sec. 20 BNS / S. 82 IPC] |
| 7-12 years | Conditional liability - child may be held responsible if proven to have "sufficient maturity of understanding" [Sec. 21 BNS / S. 83 IPC]; maturity is presumed unless disproved by the defence |
| Under 12 years | Cannot give valid consent to suffer any harm done in good faith for their benefit [Sec. 27 BNS / S. 89 IPC] |
| 18 years and above | Can give valid consent to suffer harm from an act not intended to cause death or grievous hurt [Sec. 25 BNS / S. 87 IPC] |
- Under the Railway Act, a child (no specific age prescribed) may be held responsible for wrecking a train or endangering commuters.
- Persons with XYY chromosomal pattern are of aggressive and criminal nature.
2. Judicial Punishment (Juvenile Justice)
Under the Juvenile Justice (Care and Protection of Children) Act, 2000 and its 2015 Amendment:
- A "juvenile" means a person (boy or girl) who has not completed 18 years of age.
- A "juvenile in conflict with law" is one who has not completed 18 years on the date of commission of the offence.
- Juvenile Justice Boards exercise powers over such juveniles - they may warn, order community service, release on probation, impose a fine, or send to a reformatory/special home until the juvenile becomes a major.
- No juvenile shall be sentenced to death or life imprisonment, nor committed to prison.
- Juveniles aged 16-18 years who commit heinous offences (e.g., rape, murder - punishable with 7+ years imprisonment) will be tried as adults, but no death penalty or life term (2015 Amendment).
3. Rape
- Sexual intercourse by a man with his own wife or with any girl under 18 years, even with her consent, constitutes rape [Sec. 63 BNS].
4. Kidnapping
Under Section 137 BNS (Sections 359-369 IPC):
| Age Threshold | Offence |
|---|
| Child under 10 years | Kidnapping with intent to dishonestly take movable property |
| Boy under 16 years / Girl under 18 years | Kidnapping from lawful guardianship |
| Any person (minor) | Kidnapping for ransom or murder |
| Child used for begging [Sec. 139 BNS / S. 363-A IPC] | Any age |
| Girl under 18 years | Procurement for prostitution [Sec. 96 BNS / S. 366-A IPC] |
| Female under 21 years | Import into India for illicit intercourse [Sec. 140 BNS / S. 366-B IPC] |
| Inducing a woman to compel marriage | S. 366 IPC |
5. Employment
- A child below 14 years cannot be employed for any type of work.
- A person completing 15 years (adolescent) is allowed to work in a factory as an adult, provided a fitness certificate is issued by a certifying surgeon.
6. Attainment of Majority
Under the Indian Majority Act, 1875 (Sec. 3):
- Majority is attained on completion of 18 years.
- However, if a person is under the guardianship of a Court of Wards or a court-appointed guardian, majority is attained on completion of 21 years.
7. Evidence (Competence to Testify)
Under Section 124 BNS (S. 118 IEA):
- All persons are competent to testify unless prevented by tender years, extreme old age, or disease of body or mind from understanding questions or giving rational answers.
8. Marriage Contract
Under the Child Marriage Restraint Act, 1978:
- A female under 18 years and a male under 21 years cannot contract marriage.
9. Infanticide
- The charge of infanticide cannot be supported if the infant is proved to be under 7 months of intrauterine life (i.e., it was not viable/capable of being born alive).
10. Criminal Abortion
- A woman who has passed the child-bearing age (post-menopause) cannot be charged with procuring criminal abortion.
11. Identification
- An approximate age is important in any chain of identity data - for example, when a few days old child is alleged to be a specific newborn child.
12. Impotence and Sterility
- A boy is sterile (though not impotent) before puberty.
- Women become sterile after menopause.
- Age is therefore relevant in cases involving these conditions.
13. Custody of Minors
Under Section 6(a) of the Hindu Minority and Guardianship Act, 1956:
- A minor who has not completed 5 years of age shall ordinarily be in the custody of the mother.
Quick Summary Table
| Point | Age | Legal Provision |
|---|
| No criminal liability | < 7 yrs | Sec. 20 BNS / S. 82 IPC |
| Conditional criminal liability | 7-12 yrs | Sec. 21 BNS / S. 83 IPC |
| Consent to harm | > 18 yrs | Sec. 25 BNS / S. 87 IPC |
| Juvenile (JJ Act) | < 18 yrs | JJ Act 2000/2015 |
| Rape (even with consent) | < 18 yrs | Sec. 63 BNS |
| Kidnapping from guardianship | Boy < 16 / Girl < 18 | Sec. 137 BNS |
| Child labour prohibited | < 14 yrs | Child Labour Act |
| Factory work (adolescent) | ≥ 15 yrs | Factories Act |
| Attainment of majority | 18 yrs (or 21 if under court guardianship) | Indian Majority Act |
| Marriage minimum | Female ≥ 18 / Male ≥ 21 | Child Marriage Restraint Act |
| Custody with mother | < 5 yrs | Hindu Minority & Guardianship Act |
| Infanticide charge not valid | < 7 months intrauterine life | - |
Source: The Essentials of Forensic Medicine and Toxicology, KSN Reddy, 36th Edition (2026), p. 92 - with BNS references updated from IPC.
Note on Gautam Biswas: The "Review of Forensic Medicine and Toxicology" by Gautam Biswas covers the same medicolegal points on age. That textbook is not available in the library database, but the content above from KSN Reddy is the standard reference and is consistent with Biswas. The key difference is that Reddy's 36th edition has been updated with the new BNS 2023 sections replacing the old IPC sections, which is important for current exam purposes.