Legal Question in Criminal Law in India
I have been charged with cheating along with my two sons, one of them being minor. The charge sheet was filed without taking any statement from my sons. Is this procedure correct?
Asked on 6/24/10, 2:28 am
1 Answer from Attorneys
Shrichand Nahar
S.V.Nahar, Advocate
A minor cannot be prosecuted. You can apply for his discharge.
Statement of an accused before Police is of no relevance before a Court during the trial or otherwise.
However, as per the Police Manual, police are required to interrogate accused and also investigate on the basis of information/version of the accused. In view of such rules, you can make an administrative complaint to superior police officer.
Answered on 6/24/10, 3:54 am
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