Legal Question in Civil Rights Law in India
can anyone file case against a minor
can anyone file case against a minor?
4 Answers from Attorneys
Re: can anyone file case against a minor
A suit can be filed by a minor only through his next friend if the defendant is a minor then teh court has to appoint a gaurdian for him
Re: can anyone file case against a minor
No, one cannot file a case against a minor in a criminal court. If an offence has been committed by a minor, below eighteen years of age, he needs to be sent to the Remand Home for underage, and proceedings will be commenced there.
However, if the allusion is to a civil suit, then the answer is the opposite. Yes, one can sue a minor through her / her guardian and/or next of kin. However, a minor cannot be sued in his/her personal capacity, since he/she is unable to contract.
I hope the answer is satisfactory.
Re: can anyone file case against a minor
i presume u are talking about civil case
implead minor through his/her guardian
Re: can anyone file case against a minor
Your question is incomplete/vague. No case can be filed against a minor in his personal capacity as no libility can be fastened to the minor.In criminal case no case can be filed against a minor upto 7 years even if he commits murder.
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