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AGE-RELATED MEDICOLEGAL IMPORTANCE — COMPLETE EXPLANATION

 Below is a professor-style, crystal-clear, exam-oriented explanation of every point in your images.

I will explain why each age limit exists, the logic behind the law, and how it is asked in Forensic Medicine.


AGE-RELATED MEDICOLEGAL IMPORTANCE — COMPLETE EXPLANATION

Age is extremely important in forensic medicine because legal capacity, criminal responsibility, consent, and employment rules all depend on specific age cut-offs.
These ages are fixed because the law assumes certain physical, mental, and emotional maturity at each stage.

Let’s go step by step.


🟦 1. ≥18 YEARS

1. Attainment of Majority

  • At 18 years, a person becomes a major under the Indian Majority Act.

  • This means they gain full legal capacity.

  • They can enter into contracts, sue and be sued, and take legal decisions independently.

2. Can Give Valid Consent for Medical Procedures Involving Harm Not Known to Cause Death/Grievous Hurt

  • As a major, they can legally consent to procedures involving risk, e.g., surgery.

  • Consent becomes legally valid.

  • Before 18, consent must come from a parent/guardian.

3. Valid Consent for Sexual Intercourse (for females)

  • A girl >18 years can legally consent to sexual intercourse.

  • <18 → any intercourse = statutory rape, even with consent (Sec 375 IPC / Sec 63 BNS).

4. Can Make a Valid Will

  • Testamentary capacity begins at 18.

  • They can legally decide what happens to their property after death.

5. Legal Age of Marriage for Girls

  • Marriage Act sets 18 years for females.

  • Below this = child marriage (illegal and voidable).


🟦 2. FROM FETUS TO CHILDHOOD

🔹 7 months Period of Gestation — Viability

  • A fetus ≥28 weeks (7 months) is legally considered viable.

  • Infanticide charge requires proof that the child was born alive and viable.

  • If fetus <7 months → law assumes not viable → infanticide cannot be charged.


🔹 <7 years — No Criminal Responsibility (Sec 82 IPC / Sec 20 BNS)

  • A child <7 is considered doli incapax
    (incapable of criminal intent).

  • The law presumes absence of mens rea (criminal intention).

  • They cannot be tried or punished for any offence.


🔹 7–12 years — Conditional Criminal Responsibility

  • Section 83 IPC / Sec 21 BNS.

  • Child may have criminal responsibility if maturity is proven.

  • Court assesses:

    • ability to understand the nature of the act

    • ability to understand consequences

  • If maturity is absent → no punishment.


🔹 10 years — Kidnapping for Property (Sec 369 IPC / Sec 97 BNS)

  • Abducting a child <10 for the purpose of theft of property = special offence.

  • Because young children are extremely vulnerable and easily lured.


🔹 <12 years — Consent by Parent/Guardian Required for Medical Examination

  • Children cannot give valid consent.

  • Parent/guardian consent is mandatory for:

    • physical examination

    • medical/surgical procedures

Also: Not punishable under the Railway Act

  • Children <12 years found traveling without a ticket are exempt from penalty.


🟦 3. EMPLOYMENT-RELATED AGES

🔹 <14 years — Cannot be Employed in Factory Jobs

  • As per Child Labour (Prohibition and Regulation) Act.

  • It protects young children from hazardous environments.


🔹 14–15 years — Non-hazardous Work Allowed

  • Can work only in:

    • nonhazardous industries

    • only during daytime

  • Emphasizes limited and safe exposure.


🔹 >15 years — Can Be Employed in Any Job

  • After 15, restrictions are lifted except for hazardous jobs requiring special safety rules.


🟦 4. SEXUAL & KIDNAPPING-RELATED AGES

🔹 <16 years — Kidnapping a Boy Without Consent of Parents

  • If a boy <16 is taken without parental consent → kidnapping.

  • Because boys under 16 are presumed dependent.


🔹 <18 years — Multiple Medico-legal Points

1. Juvenile (boy and girl)

  • A person <18 is a juvenile in conflict with law.

  • Tried under the Juvenile Justice Act, not adult criminal courts.

2. Girl <18 Taken Without Consent = Kidnapping

  • Protects minor girls from abduction and forced marriage/exploitation.

3. Sexual Intercourse With a Girl <18 = Rape (Sec 375 IPC / Sec 63 BNS)

  • Consent is irrelevant.

  • This is statutory rape.


🟦 SUMMARY TABLE (Professor’s Quick Revision)

Age Importance
7 months gestation Viability of fetus; infanticide depends on this
<7 years Totally no criminal responsibility
7–12 years Criminal responsibility only if maturity proven
10 years Kidnapping for property (Sec 369)
<12 years Guardian consent for medical exam
<14 years Cannot work in factories
14–15 years Only nonhazardous work, daytime
>15 years Any job allowed
<16 years Kidnapping of boy without parental consent
<18 years Juvenile; sexual intercourse = rape; girl kidnapped = kidnapping
≥18 years Majority, valid consent, valid will, legal marriage age (girls)

If you want, I can also make you a fun mnemonic story, color-coded revision chart, or MCQs from these points in true exam style.

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