Shoaib Muhammad 18 March 2020

107/116 crpc imposed on a senior citizen or not

i want to know about a 58 years or 65years old diabetic patient can be comes under section 107/116 crpc or not

if any such senior citizen person's name comes in this notice so what should we do ..?

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Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 18 March 2020

1. There is no exemption, under any guise related to any age of Senior Citizen, for filing NC against any person, against whom any non-cognizable complaint is made out.

Keep Smiling .... Hemant Agarwal
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Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 18 March 2020

proceedings under Section 107/116. Cr. P.C. are by way of preventive measure and do not attach any stigma or result in conviction.

T. Kalaiselvan, Advocate (Advocate) 25 March 2020

The age of the person is not a criteria, there is no legal infirmity in invoking the said sections of law against the enior citizen

Section 107 is a substantive provision which defines Abetment. The sections which follow it lay down punishments to be inflicted for causing abetment. ... This implies that if a person abetted commits a theft and is punished with 6 months SI, the Abettor too shall be imprisoned for 6 months.

Section 116 in The Code Of Criminal Procedure, 1973

116. Inquiry as to truth of information.

(1) When an order under section Ill has been read or explained under section 112 to a person present in Court, or when any person appears or is brought before a Magistrate in compliance with, or in execution of, a summons or warrant, issued under section 113, the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary.