Is senior citizen absolved from penal action under ipc
Bhikham Saini
(Querist) 16 October 2012
This query is : Resolved
I have purchased a property one year ago from a person who is about 85 years old.Later on it was found that the property did not belong to him alone but was joint with other family members.The seller could not arrange for its Registration.As a result I have asked for refund of my money but he has not made any refund and advises me to do whatever possible legally or otherwise.I have filed one FIR u/s 420,467,468,471 and 120B of IPC and he is being persuaded by Police for refund of money so the FIR can be closed.But neither he nor his sons pay any respect to Law and are fearless.The alleged senior citizen seller says he is ready to go to Jail as the Police either can not arrest him or if at all arrested he will get bail in a day because of his age factor.I like to know whether any such person who has committed a crime but is of very senior age do have any privilege from Police and Court from being arrested or in granting bail by the court.If so then what is the remedy for it.
ajay sethi
(Expert) 16 October 2012
if he is suffering from serious ailments and is very old court will consider said factor while granting bail. file civil suit for recovery of your money
PARTHA P BORBORA
(Expert) 16 October 2012
there is no privilege for any person, irrespective of his age, who is an accused of any criminal case from being arrested by police. But his bail prayer may be considered if he is suffering from serious illness as well as he is a very old aged person.
Guest
(Expert) 16 October 2012
Age of the offender has no consideration in the eyes of law. That will take its own course, if you file an FIR or a suit for recovery against the old man. If even on pursuation by police is not working, the police, itself, would prepare a strong case against them if the FIR already exists, provided there is no violation of agreement on your part.
R.K Nanda
(Expert) 16 October 2012
no more to add.
