Act of a child not an offence under Indian Penal Code

Act of a child not an offence

Act of a child is not an offence when:

  • He is under seven years of age; or
  • He is above seven and under twelve. And, he has not attained sufficient maturity of understanding to judge the nature of consequence of his conduct on that occasion.

Relevant Provisions under Indian Penal Code

Section 82. Act of a child under seven years of age

Section 83. Act of a child above seven and under twelve of immature understanding.

Corollary

So under Section 82, a child is completely immune from trial of offence if he is under seven years of age.

Under Section 83, a child is subject to trial, however not liable to be convicted if proved that he was not having  sufficient maturity of understanding to judge the nature of consequence of his conduct on that occasion.