DEFENSE FOR INFANCY
DATE : 2067 BS
COURT : SUPREME COURT OF NEPAL
CATEGORY : CRIMINAL CASE
BACKGROUND
In the case of Government of Nepal V. Bikash Mahat and Others, there was an issue related with the age of the accused. Government of Nepal V. Bikash Mahat and Others, NKP (2067), p.1159, SC (DB), DN 8415.
VERDICT
If the age of the accuse is less than the age as prescribed in Children Act, 2048, then what will be duration of the imprisonment?
The Supreme Court firstly decided the case and apply the No. 188 of the Chapter on “Court Management.”
Then it stated that the adult has been imprisoned for ten years by using the above provisions of the Muluki Ain, then the child should get the benefit of the Children Act, 2048 and he should be imprisoned for five years according to Section 11(3) of the Children Act, 2048. [Government of Nepal V. Bikash Mahat and Others, NKP (2067), p.1159, SC (DB), DN 8415]