Tuesday, 15 February 2022

Case analysis of General exception under Ipc

 RIPON V SIMONS

                                                                                  Case analysis 

                                                                                                                                                   By SRIHARI.S 

Introduction

The IPC (Indian penal code) talks about the offenses. In all such criteria whether it is rape, culpable homicide, or murder. But all the offenses are considered. No. In the IPC there is a specific portion that talks about where the offenses done by the kid is not under 16 are not offenses. This is the logic which is been applied in the case that is Ripon v Simons. 

Facts of the case 

In this case, what happened was that a boy who was the age of seventeen years planned to commit capital murder. He was sentenced to death.

Issues of this case 

Whether there is a violation of the fundamental right of an Individual who was gone for a death sentence?

Analysis of case 

In this case, it talks about the murder which was been preplanned and been conducted. In this case, even though the crime had happened proven by the court later the judgment when it got reversed stating that the death penalty is allowed in the case and he should be sentenced but the court. Stated that he would liable for why the court did not see the factor of the offenses he did in terms of the IPC where the age factor is not appropriate for the offenses he did. 

The majority of the age of the Indian contract act talks about where the contract is void unless he attains the majority of the 22 years. Same when we compare the concept don’t go to the concept of Indian contract just I was making to understand while coming to this concept the Ipc section that is relating to the section it talks about where the nothing is an offense when we talk about the when the crime is committed under the age above 18 years. Because of the age factor. The maturity level to understand the act what he has done and the act what he has done is not a kind that adults understand.

In the concept of the adult, the understanding of the age and what is the circumstances he had done is very minimal in comparison to the small. There was the famous case where it was held in the other aspect the policeman died due to the attack of man. Why? Because he has committed under the age of 15, As you all know the carrying the gun is allowed in the forging countries for private defenses as the policeman thought that it was the toys police gun allowed him to shoot thinking that it was toy gun and died by the shot. 


 



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