Act of a child not an offence
Table of Contents
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.