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Q: Indian Law question. ( Answered,   1 Comment )
Question  
Subject: Indian Law question.
Category: Relationships and Society > Law
Asked by: gerth-ga
List Price: $100.00
Posted: 13 Dec 2004 10:16 PST
Expires: 12 Jan 2005 10:16 PST
Question ID: 442040
If a minor in india (under 18 years of age) signs anything, is it
considered to be valid in a court of law? or can it be used by the
police against him?

Regards.
Answer  
Subject: Re: Indian Law question.
Answered By: hummer-ga on 14 Dec 2004 07:53 PST
 
Hi gerth,

Briefly, a contract entered into by a minor in India is not valid or
binding unless co-signed by a parent or guardian.

LAW OF CONTRACT IN INDIA:
Capacity of parties:
"Parties must be competent to contract. A person is competent to
contract if, at the time of making it, he is of sound mind, major and
not disqualified from contracting under law. where he has not attained
the age of 18 years (or being under a court of wards, has not attained
the age of 21 years), he cannot contract. Agreements made by minors
are void. Minors cannot, on attaining majority, ratify agreements
entered into during their minority.
But if a minor makes a fraudulent misrepresentation about his age and
obtains a loan, he can be required (at the discretion of the court) to
refund it or to make compensation for it."
http://www.saarclawnet.com/saarclawnet/sca2.html

One example:
"However, by proving to the judge that she had been a minor when she
put her signature to this binding contract, Rekha wriggled out of the
stranglehold..."
http://movies.indiainfo.com/tales/1110_rekha.html

The Juvenile Justice Act, 1986
http://www.vakilno1.com/bareacts/juvenilejusticeact/juvenilejusticeact.htm

I hope this is what you are looking for. If you have any questions,
please post a clarification request *before* closing/rating my answer
and I'll be happy to reply.

Thank you,
hummer

Google Search Terms Used:

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india juvenile "binding contract"
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india "juvenile justice"
legal india "juvenile justice"
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india "minor's signature"
india legal "minor's signature"
india "age of majority"

Request for Answer Clarification by gerth-ga on 14 Dec 2004 07:58 PST
Does this apply to everything?
Any exceptions?
For example, a confession.
Or such?

Regards.

Clarification of Answer by hummer-ga on 14 Dec 2004 10:04 PST
Hi gerth,

Your clarification questions are very broad and would take days to
research by someone with access to a Law Library in India. I suggest
you read the Juvenile Justice Act thoroughly to familiarize yourself
with the law which is in place to protect juveniles. Each case must be
considered individually (was the confession obtained under torture,
was the child properly represented, how long was the child detained,
etc) but reading the following two websites will give you a good
start.

Humans Rights Watch:
"The Juvenile Justice Act prohibits the detention of juveniles in
police station or jails for periods longer than twenty-four hours."
http://www.hrw.org/reports/1996/India4.htm

The Juvenile Justice Act, 1986
http://www.vakilno1.com/bareacts/juvenilejusticeact/juvenilejusticeact.htm

As stated in the disclaimer at the bottom of the page, GA can only
provide "general information and is not intended to substitute for
informed professional ...legal ...advice."

Regards,
hummer
Comments  
Subject: Re: Indian Law question.
From: hydcallin-ga on 14 Dec 2004 04:47 PST
 
signs what??
a cheque?
a police confession?
an FIR?
some other legal document?
school report card of sibling?

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