If infant man commit an offence u/s. 302 of ipc
Adv M.D.Azhar
(Querist) 02 August 2012
This query is : Resolved
sir, i have one case in which an infant man walking on village path by throwing stones to the others, one man try to stop him for doing so, but suddenly he assault him by iron rod which was in tractor, hit that rod on his head and therefore he died so is he liable for the offence u/s 302, which defense should be taken? sorry sir it was my mistake i want to know about lunatic instead of infant.
Adv.R.P.Chugh
(Expert) 02 August 2012
What do you mean by infant man ?? if you are referring to a person below 7 years of age then there is no criminal liability whatsoever - as such child is doli incapax (incapable of forming any criminal intent).
And lastly if the child is above 7 and below 12 - then he/she is held liable only if the child has reached sufficient maturty of understanding to know the nature of his act and it's consequences. Even if the child is - then also no incarceration - but detention in observation homes.
If the child is above 12 but below 18 - there is criminal liability - then such person is called 'juvenile in conflict with law' and he is liable u/s 302 but is not punished with imprisonment - but sent to correction/observation homes for their reformation and sent back to the society as useful adults.
Guest
(Expert) 02 August 2012
Great! A man that too an infant!
Please be clear in your query, as a man can never be an infant.
Guest
(Expert) 02 August 2012
Great! A man that too an infant!
Please be clear in your query, as a man can never be an infant. An advocate should be very clear about his understandings and interpretations before fighting a case.
prabhakar singh
(Expert) 02 August 2012
In last line you state:"sorry sir it was my mistake i want to know about lunatic instead of infant."
It may be defense but how shall you prove it.Is there any medical evidence that he is lunatic.It would be blade like defense.the moment you fail to prove his lunacy,he shall be convicted.Prosecution burden is discharged
soon you put forward this defense.
Guest
(Expert) 02 August 2012
Thanks for modification.
Only medical certificate from a mental hospital can help to prove lunacy of the person.
Adv M.D.Azhar
(Querist) 03 August 2012
yes sir i have the medical certificate of the government hospital that he was lunatic at the time of the occurrence and than after he was referred to the hospital for the treatment and now he is liter bit fine, will it help to me? and what should i do at the hearing of the case, may i take any precaution?
Guest
(Expert) 03 August 2012
Depends upon how effectively you can convince the judge on the basis of the medical certificate.
