It is possible that at the time of final court judgement the boy may cross the age of 18 and shall not be minor at that time.
2007-10-08 01:28:52 · 7 answers · asked by kavindra 1 in Politics & Government ➔ Law Enforcement & Police
Chapter IV of the Indian Penal Code provides the general exceptions. Section 83 of this Chapter & Code provides Act of a child above seven and fewer than twelve of immature
understanding.--Nothing is an offence which is done by a child above
Seven years of age and under twelve, who has not attained sufficient
Maturity of understanding to judge of the nature and consequences of
His conduct on that occasion.
Now this person is more then 12 years hence he is not covered under this exception for this offence. As far hanging him for this offence under section 302 of IPC is concerned let me make this point very clear that death sentence for such offence are being given in rarest of the rare cases & not in all cases. In case his act for committing such offence was covered as one being rarest of the rare case then only he will be given this extreme punishment not otherwise. Usually women, older people & young people below the age of majority are not given such extreme punishment unless the evidence & circumstances of the case calls for such punishment for them as their act was one of the rarest of the rare case.
2007-10-08 02:40:28 · answer #1 · answered by vijay m Indian Lawyer 7 · 4⤊ 0⤋
Yes. It is possible that he may be hanged if he reaches 18 years of age before or at the time final judgment has been rendered. It may be unfair for the accused but as per rule of law, once the accused has reached the age of majority, even during the pendency of his or her case, a final judgment convicting him shall render the accused bound by the punishment given. That is of course subject to Indian laws providing the contrary.
2007-10-08 02:33:54 · answer #2 · answered by cej291985 2 · 0⤊ 0⤋
As per Indian laws minors are not awarded the capital punishment. Also, it is the age at the time of offence that is considered by the judge while giving the judgment.
2007-10-08 01:52:02 · answer #3 · answered by Anonymous · 0⤊ 0⤋
In the US it is usually the age at the time of the commission of the crime that determines the treatment of the accused. Might be different in India, especially since there are so many people the elimination of one misfit deviate might be a good thing indeed.
2007-10-08 01:34:01 · answer #4 · answered by Anonymous · 0⤊ 0⤋
No, he will be not hanged, judge will review the sitiuation and max he will sentence him to a 7 years or 14 years jail, but this period will be counted as day and night so if 7 years the actually it will be for 3.5 years, hanging , no way
2007-10-08 01:32:53 · answer #5 · answered by Vikram 4 · 0⤊ 0⤋
hanging hasnt been allowed in the US for 50 years or so
sentancing for murder would have to be under the jurisdiction of the state not the tribe
2007-10-08 01:35:56 · answer #6 · answered by Anonymous · 0⤊ 1⤋
any thing is possible in there.
2007-10-08 14:06:24 · answer #7 · answered by SANAT 5 · 0⤊ 0⤋