Sarthak Umang
Published on: 09 November 2022 at 18:17 IST
The Bombay High Court expresses discontentment over the registration of an FIR against a 9-year-old for accidentally hitting a woman with a bicycle. The bench of Judges Revati Mohite Dere and S.M. Modak was seized by the request presented by the applicant, the mother of a child under the age of 9, seeking to cancel the FIR registered against her child.
In this case, the petitioner’s minor son, aged 9 years, lost his stability while cycling and accidentally hit a lady while riding a bicycle, as for the exception provided in Section 83 of the IPC, as a result of which, she sustained an injury. The women registered complaint for offence which is punishable under Section 338 of the IPC.
Shravan Giri, the applicant’s lawyer, stated that given the age of the applicant’s son, namely, 9 years, no FIR could have been recorded by law enforcement, given the warrant of Section 83 of the IPC. Section 83 provides that nothing is an offence if done by a child between 7 – 12 years of age who has not attained sufficient maturity to understand
It has been claimed that, based on the media coverage given to the above incident, which was clearly an accident, the young boy was traumatised and badly injured.
The issue before the Court was – Whether the FIR against the petitioner could be quashed or not?
High Court noted that Ignorance of the law—Ignorantia juris non excusat or Ignorantia legis neminem excusat—is not an excuse, even for a police officer and in the irregular facts, given that the child was only 9 years old.
The court quashed the FIR and the proceedings awaiting against the minor boy.
The court also expressed displeasure at the Metropolitan Magistrate, who did not take up the matter despite orders passed by the High Court.
“Misconception or ignorance of law is not an excuse, much less, for a police officer and in the peculiar facts, more so, having regard to the fact that the child was only 9 years of age. This action of the police i.e., of registration of FIR, has resulted in traumatizing a 9-year-old boy”,
Case Title: AK v. The State of Maharashtra
