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Offence committed when offender was minor can he be tried as adult?
22-Jan-2023 (In Criminal Law)
At the time of commission of offence X was a minor. Can a charge sheet be filed against him in regular trial court when X becomes an adult? Or should he be tried only in a Juvenile court? The FIR was filled on 23 may 2011 when the accused was 16 year and 4 months but now he is 20 years old.
In juvenile Court only, you should take plea of juvenile before juvenile justice board as per the provisions of juvenile justice act, he should be tried as juvenile because plea of juvenile taken as on date of commission of offence
It's not relevant if he became major during course of investigation or course of trial. If he is tried as major then the trial is liable to quashed and fresh trial shall be started
It's not relevant if he became major during course of investigation or course of trial. If he is tried as major then the trial is liable to quashed and fresh trial shall be started
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Adv. Siddhartha Mishra
Allahabad | 100+ Answers
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no
charge sheet can not file against him in regular court
he will treat as juvenile for this offence
as per provision of Juvenile justice act date of offence must be considered as as per this law trial for the offence will be tried by Juvenile justice board not by regular court
charge sheet can not file against him in regular court
he will treat as juvenile for this offence
as per provision of Juvenile justice act date of offence must be considered as as per this law trial for the offence will be tried by Juvenile justice board not by regular court
Helpful?
44+
44+
Adv. Ankit Jain
Agra | 25+ Answers
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