Report No. 35
Appendix VIII
Age and Capital Punishment-Position in Certain States of India and in Certain Other Countries Age
Part.-Position in some States of India
Andhra Pradesh
See Hyderabad.
Bombay
Bombay Children Act, 1948 (71 of 1948)
Section 68(1) read with section 4(e) and (s)
No youthful offender can be sentenced to death.
"Youthful offender" means any child who has been found to have committed an offence.
"Child" is a boy or girl under 16.
Under section 5, a person is deemed a child if at the time of arrest or initiation of proceedings he had not attained the age of 16 years. But if such person attains 16 during the proceeding, the proceedings shall be continued and "orders may be passed in respect of such person under this Act, as if such person was a child."
Central Provinces
C.P. Children Act (10 of 1928)
Section 26, read with section 2(a)(b)
No "child" or "young person" can be sentenced to death. A "child" is a person under 14; where a child has been sent to a certified school, the definition applies to him notwithstanding that he may have attained 14.
"Young person" is a person who is aged 14 years or upwards but under 16.
East Punjab
Under section 27 of the East Punjab Children Act (East Punjab Act 39 of 1949) "no person who was a child at the date of the commission of the offence" shall be sentenced to death, etc. Under section 3(c) of that Act, "child" means a person under the age of sixteen years. The section contains the usual provision relating to a child sent to a certified school.
Gujarat
See Bombay.
Hyderabad
Under section 21 of the Hyderabad Children Act, 1951 (32 of 1951), no child shall be sentenced to death, but under section 21(2), this prohibition against sentence of death does not apply to offences against any law relating to a matter in the Union List. Under section 2(d), "child" means a person under the age of sixteen years, and, when used with reference to a child sent to a certified school, applies to that child during the period of his detention notwithstanding that the child has attained the age of sixteen years.
Madhya Pradesh
See Central Provinces.
Madras
Madras Children Act, 1920 (4 of 1920)
Section 22 read with section 3(1), 3(2)
No child or young person can be sentenced to death.
"Child" is a person under the age of 14; but if a child is sent to an approved school, the definition applies to him during the whole period of detention. "Young person" is a person who is aged 14 years or upwards and is under the age of eighteen years. (See Amendment Act 37 of 1958).
Maharashtra
See Bombay.
Mysore
Under section 25 of the Mysore Children Act (Mysore Act 45 of 1943), a child shall not be sentenced to death. Under section 2(a) of that Act, "child" means a person under the age of sixteen years. The section contains the usual provision as to a child sent to a certificate school.
Uttar Pradesh
Under section 27 of the U.P. Children Act (U.P. Act 1 of 1952), no court shall sentence a child to death. Under section 2(4) of that Act, "child" means a person under the age of sixteen years.
West Bengal
West Bengal Children Act
(West Bengal Act 30 of 1959)
Assented to by the President and published on.-1-1961
Section 24(1) read with section 2(h)-"juvenile delinquent" and section 2(d)-"child".
No juvenile delinquent can be sentenced to death. "Juvenile delinquent" is a "child" who has been found to have committed an offence.
"Child" is a person who has not attained the age of 18 years. Under section 3, if during the course of any proceedings, a child attains 18, "the proceedings may be continued and orders may be made under this Act in respect of him as if he was a child.
Union Territories
Children Act, 1960 (Central Act 60 or 1960)
Section 22(1) read with section 2(e)(j)
A boy under 16 or a girl under 18 cannot be sentenced to death. This is the effect in substance, because a delinquent "child"-that is a child who has been found to have committed an offence cannot be sentenced to death. "Child" is defined as boy who has not attained 16 or a girl who has not attained 18.
Under section 3, where an inquiry has been initiated and during the inquiry the "child" ceases to be such, the inquiry may be continued and "order" may be made as if such person had continued to be a child.
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