Can a senior citizen get exemption from imprisonment?
There is a criminal case in with Bombay High court has found a person guilty and sentenced him fine a imprisonment.
Actually on documents that person is not guilty at all, but because of some unconvinced reasons court has found him guilty.
The person then went to Supreme Court and there also somehow the petition is rejected. Now the person has filed review petition in supreme Court and awaiting for result.
But, based on the rejection of earlier petition an arrest warrant has been issued by the court. So the question is can that person get an exemption from imprisonment as he is 72 years old, his wife (65 year old) is depending on him, and on paper he ia not guilty.
Awaiting for your valuable feedback.
Asked in Criminal Law from Pune, Maharashtra
Court orders have to be complied with
2)no exemption for senior citizen from arrest
1. There is no exemption in imposing punishment or following the prescribed rule for being a senior Citizen.
2. the Court considers that fact that the accused is a senior citizen and normally allows concession and/or award minimum prescribed punishment terms.
3. There is no provision to grant any relaxation/exemption to a senior citizen while taking him to custody, as per law.
Since his appeal is rejected by the highest court of the land there is zero chance of any relief or reprieve for this person.
i regret to inform that once the review petition is rejected which is very likely he will have to surrender and pass the remaining sentence.
may god be with him.
age is not a considerable fact in sentencing. if there is evidence to show that he has committed that offence then he shall be punished. but old age is to be considered in amount of sentence. these persons are generally be sentenced for the imprisonment already have gone during investigation and trial of the case. you can file remission application before the high court. irrespective of the fact that a petition is pending in supreme court.
Review petition has a very narrow scope and thus succeeds only in 1 out of 10000 cases. That the convict is a senior citizen is no ground to take a lenient view. He is on 'paper guilty' if the highest court has found him guilty in its judgment.
As per court judgment he has been found guilty of he offence and has been sentenced to undergo imprisonment.
There is no exemption to the senior citizen from being arrested and nobody is above law.