Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Adv. Subhadeep Saha (Lawyer.)     17 May 2011

Criminal liability of child under IPC

Sec. 82 of IPC conclusively lays down that any offence committed by a child below 7 years of age shall not be punishable as the child is "doli incapax" in law. Sec.83 makes a the criminal act of a child above 7 years but below 12 years of age punishable on the proof that the child understands the consequences of his act. The question is, what is the liabilty of a child for offence committed whose age is 7 years, who falls neither in sec.82 nor in sec.83 ?



Learning

 2 Replies

Suchitra. S (Advocate)     17 May 2011

Below 7yrs includes 7yrs under S.82 of IPC.

Adv. Subhadeep Saha (Lawyer.)     17 May 2011

How ? is there any judgment explaining the legal position? moreover penal statutes must be strictly construed. so we can not interpret sec.82 in such a way to include 7 yrs within its purview whereas it clearly mentions child below 7 yrs of age.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register