Legal Question in Civil Rights Law in India

can anyone file case against a minor

can anyone file case against a minor?


Asked on 3/04/07, 5:33 am

4 Answers from Attorneys

Nandita Haldipur Haldipur Associates

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

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Answered on 3/17/07, 10:05 am
JUZER UDAIPURI M/S. UDAIPURI & COMPANY

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.

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Answered on 3/17/07, 10:12 am
G. M. Gupta gmguptaandassociates

Re: can anyone file case against a minor

i presume u are talking about civil case

implead minor through his/her guardian

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Answered on 5/01/07, 2:06 pm

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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Answered on 3/17/07, 2:22 pm


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