Bombay HC directed the State to pay compensation for filing FIR against 9 year old boy

Case: AK vs The State of Maharashtra and Ors.

Court: Bench of Justices Revati Mohite Dere and SM Modak

In a recent ruling, the Bombay High Court quashed the criminal case against a 9-year-old boy who unintentionally collided with a woman while cycling. The boy was booked for the offense of causing grievous hurt.

The state was ordered to pay the state a cost of INR 25,000 for filing the FIR against a minor boy despite protection under Section 83 of the Indian Penal Code (IPC) that traumatized the boy.

83 of the Criminal Code states that if a child is aged over seven, but under twelve, he who has not reached sufficient maturity in understanding to judge the consequences of his actions is not guilty of an offense.

In light of the Section 83 mandate and the fact that it was an accident, Advocate Shravan Giri argued that no FIR could have been filed against the boy's mother. Furthermore, the boy was traumatized by the subsequent media coverage of the incident, which was an accident.

The Assistant Public Prosecutor, JP Yagnik, did not object to the quashing of the FIR; he also stated that the police had filed a 'C' Summary report in the case, following which action was taken against the Assistant Commissioner of Police.

In expressing shock at the FIR filing without any age consideration of the boy, the court noted that the accident was unintentional.

Accordingly, the court quashed the FIR and ordered the State Government to compensate the petitioner with INR 25,000. According to the Court, the amount could be recovered from the responsible police officials.