C. ELUMALAI versus STATE OE TAMIL NADU

State Government of Tamil Nadu cannot keep any adolescent offender convicted of a capital offence but sentenced to life imprisonment, in respect of whom an order is made under section 10-A of the Tamil Nadu Borstal Schools Act, in detention after he has attained 23 years of age.

Source-derived case information.

Parties: Petitioner: C. ELUMALAI; Respondent: State of Tamil Nadu
Jurisdiction: India
Judgment Date: 26 October 1984
Procedural Posture: Writ Petition (criminal) / Final Disposition
Outcome: Petition allowed
Legal Topics: Borstal School Detention, Adolescent Offenders, Capital Offence Sentencing

Criminal Law Juvenile Justice Borstal School Detention Adolescent Offenders Capital Offence Sentencing

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Full judgment text Legal principles 2 Authorities cited 6 Party arguments 2

Parties

C. ELUMALAI

Petitioner

State of Tamil Nadu

Respondent

Procedural Posture

Writ Petition (criminal) / Final Disposition

Legal Issues

1 Whether detention in Borstal School after attaining 23 years of age is valid for adolescent offenders convicted of capital offence sentenced to life imprisonment under section 10-A of the Tamil Nadu Borstal Schools Act, 1925

Ratio Decidendi

Court Disposition

Petition allowed

Orders

State Government of Tamil Nadu directed to release forthwith all inmates of Borstal Schools who have attained 23 years of age
Petitioner C. Elumalai, if he satisfies the condition, to be released and not to be taken back into custody

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