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september 2013

Supreme Court of India · 2013-09-19

NAGOOR PICHAI @ BADUSHA vs THE STATE THROUGH SUB INSPECTOR OF POLICE

Citation / case number
SC 2010/26976
Court
Supreme Court of India
Petitioner
NAGOOR PICHAI @ BADUSHA
Respondent
THE STATE THROUGH SUB INSPECTOR OF POLICE
Author
VIKRAMAJIT SEN
Bench
VIKRAMAJIT SEN T.S. THAKUR

Judgment text excerpt

The Supreme Court addressed the applicability of the Tamil Nadu Borstal Schools Act, 1925, in the context of a life sentence under Section 302 IPC for a petitioner convicted of murder at the age of 22. The Court noted that the Borstal Schools Act defines 'adolescent offender' as someone between 16 and 21 years, and emphasized the need for legislative amendment to align the definition of 'adolescent' with contemporary understanding of juvenile justice. The Court held that the lower courts erred in not considering the petitioner's eligibility for detention in a Borstal School, thereby highlighting the distinction between 'adolescent' and 'juvenile' under relevant statutes.

NAGOOR PICHAI @ BADUSHA vs THE STATE THROUGH SUB INSPECTOR OF POLICE · Niyam