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joy (Director)     25 June 2018

FIR Withdrawal against a minor

Hi, This is regarding a minor. He is 11 yrs. old. He has 'out of adventure' taken out a scooty that was left unlocked by the owner. He drove the scooty for some time before it was found out and the parents reprimanded him and handed over the keys to the owner. Both families live in the same society, in fact in the same building. But by that time the owner had already lodged the lost complaint. Hence an FIR against an unknown person regarding the missing scooty was booked. The police came and scanned through the cc tv footage. The zeroed on the boy. The parents were subsequently called and the police said that though it was a juvenile they will have to complete the FIR procedure and thus the boy along with the parents will be produced in front of the Juveline court in due course. Post one hearing the case shall be withdrawal and no record will be created against the boy. Now my question is, Is this how the procedure will be in reality? Will there be any complications with regards to the boy or his future? Can he be jailed or sent to any sort of custody or the matter be simply quashed as stated by the Police? Is there anyway this FIR cab be withdrawn considering that it was completely a childish thing with the boy having no real purpose of stealing the vehicle ..but just for fun he took it for a drive



Learning

 9 Replies

joy (Director)     25 June 2018

Hi,

This is regarding a minor. He is 11 yrs. old. He has 'out of adventure' taken out a scooty that was left unlocked by the owner. He drove the scooty for some time before it was found out and  the parents reprimanded him and handed over the keys to the owner. Both families live in the same society, in fact in the same building. But by that time the owner had already lodged the lost complaint. Hence an FIR against an unknown person regarding the missing scooty was booked. The police came and scanned through the cc tv footage. The zeroed on the boy. The parents were subsequently called and the police said that though it was a juvenile they will have to complete the FIR procedure and thus the boy along with the parents will be produced in front of the Juveline court in due course. Post one hearing the case shall be withdrawal and no record will be created against the boy.

Now my question is, Is this how the procedure will be in reality? Will there be any complications with regards to the boy or his future? Can he be jailed or sent to any sort of custody or the matter be simply quashed as stated by the Police? Is there anyway this FIR cab be withdrawn considering that it was completely a childish thing with the boy having no real purpose of stealing the vehicle ..but just for fun he took it for a drive

Vikas Tiwari (Advocate)     25 June 2018

According to the section 82 of Indian Penal Code (IPC), nothing is an offence which is done by a child under seven years of age. Also, according to the section 83 of Indian Penal Code (IPC), nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.

Children between the ages of 7-12 are presumed to be incapable of committing crimes, but this is a rebuttable presumption. This means that a child between 7-12 can be found to have committed a crime, if it is proved that the child had the maturity to understand the consequences of their actions.

Sudhir Kumar, Advocate (Advocate)     17 August 2018

Is this how the procedure will be in reality?
 
or what other procedure do you think should be there. 
 
(i) The boy stole the vehicle
(ii) He drove the vehicle unlicensed and under age.
 
Do you think it is not a crime? 
 
Had he committed an accident then he would have created criminal as well as civil consequences against the owner if he omitted to make copmplaint.  In such case the insuranc ecompany would also walk out of the case and the compensation to be borne by owner or the child.
 
 

Sudhir Kumar, Advocate (Advocate)     17 August 2018

Will there be any complications with regards to the boy or his future?

Yes.

 

Sudhir Kumar, Advocate (Advocate)     17 August 2018

Can he be jailed or sent to any sort of custody or the matter be simply quashed as stated by the Police?

DO not you think that the police is fooling you?

 

They have produced him before court  (may be even on bail)

 

Sudhir Kumar, Advocate (Advocate)     17 August 2018

Is there anyway this FIR cab be withdrawn considering that it was completely a childish thing with the boy having no real purpose of stealing the vehicle ..but just for fun he took it for a drive
 

 

first of all in your own interest and also in the interest of the child please ()please ) come out of the miconscept that there is no theft.

 

it is true even if hurts or annoys you.

 

If necesary you can read section 387/379 of IPC. 

 

The theft was complete as soon as the boy caused movement of scooty without permission of the owner.

 

He also committed offence under MV Act. 

 

Driving an automobile is not childish act.  A child of 11 could learn driving only on instigation or encouragement of parents.

 

The case can be withdrawn ?

Yes

only if :-

 

(i) the owner of scooty is  willing to withdraw in writing and states so before the court (even if he has to make several visits in court)

(ii) court allows him to do so.

Sudhir Kumar, Advocate (Advocate)     17 August 2018

The case can be withdrawn ?

Yes

only if :-

 

(i) The police takes mercy and omits to invoke sectio 380 as well (non-compundable) and let the matter rest at section 378/379 (compundable with permission of court)

 

(ii)owner of scooty is  willing to withdraw in writing and states so before the court (even if he has to make several visits in court)

(iii) court allows him to do so.

Sudhir Kumar, Advocate (Advocate)     17 August 2018

You need to engage lawyer. 

Arunodoy D (Consultant Adviser Cyber Security)     24 December 2018

Originally posted by : joy
Hi, This is regarding a minor. He is 11 yrs. old. He has 'out of adventure' taken out a scooty that was left unlocked by the owner. He drove the scooty for some time before it was found out and the parents reprimanded him and handed over the keys to the owner. Both families live in the same society, in fact in the same building. But by that time the owner had already lodged the lost complaint. Hence an FIR against an unknown person regarding the missing scooty was booked. The police came and scanned through the cc tv footage. The zeroed on the boy. The parents were subsequently called and the police said that though it was a juvenile they will have to complete the FIR procedure and thus the boy along with the parents will be produced in front of the Juveline court in due course. Post one hearing the case shall be withdrawal and no record will be created against the boy. Now my question is, Is this how the procedure will be in reality? Will there be any complications with regards to the boy or his future? Can he be jailed or sent to any sort of custody or the matter be simply quashed as stated by the Police? Is there anyway this FIR cab be withdrawn considering that it was completely a childish thing with the boy having no real purpose of stealing the vehicle ..but just for fun he took it for a drive

Both the parties can inform the IO and Magistrate for disposal under the settlement by negotiation. The magistrate will consider the settlement by negotiation.

For that, the complainant has to provide a statement before the Magistrate for the settlement.

Don't worry. Courts are not to harass people, but to honor the LAW. Natural justice will be delivered.

In this case, no magistrate will go to rule out anything that might destroy the future of the juvenile. But he has the power and authority to warn or impose a penalty on the guardian of the juvenile. Nowadays, courts usually warn or impose a penalty on the guardians in such cases. 

The scooty was reported as stolen, but not stolen indeed. Don't be scared of IO's sayings. Most cops use this kind of unethical practice. Cop's duty to ensure safety and security, not to harass people. The court will listen to the complainant and decide what do to. Hence if the parties have come into a negotiation for settlement, then there is no point to be scared of the IO or any police in this case.

If the complainant party doesn't come to the settlement by negotiation, let the boy say the fact before the Magistrate. The Magistrate is a human, he is not there to harm the future of the boy. So, don't worry at all.

Just keep calm and wait for the date of the case without any fear.

All the best. And keep posting about the happenings so that the forum users get their answers they are looking for.


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