Theoretical overview
Infancy in its literal sense means the state or period of babyhood or early child hood. Section 82 and 83 of Indian penal code confer immunity from criminal liability on child offenders which is based on the principle of juvenile justice.
According to section 82, IPC, Nothing is an offence which is done by a child under 7 years of age. Under 7 years, no infant can be guilty of a crime by presumption of law. This is so because a child below 7 years of age is deemed incapable of forming the intent to commit a crime or tort specially by the reason of law or in other words, Doli incapax. They are under a natural disability of distinguishing between good and evil. Also, the mere evidence of the age would be a conclusive proof of the innocence of a child and would ispo facto be an answer to any charge against him.
Section 83, IPC, states that Nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.
If it shows the child in the age group of 7-12 years has not attained the requisite degree of understanding and maturity to judge the nature and consequences of his conduct, He is exempted from criminal liability.
Younger the child more probability of him being less corrupt. A child can be liable and tried as an adult depending on the grievousness of the crime, his appearance in court. Under this section, it has got to be shown that the accused is not only under 12 years of age but has not attained sufficient maturity of understanding. If o evidence or circumstances is brought to the notice of court, it will be presumed that the child accused intended to do what he really did.
What the section contemplates is that the child should not know the nature and physical consequence of the conduct
Relevant sections
Section 82 – Act of a child under seven years of age -Nothing is an offence which is done by a child under seven years of age.
Section 83 – Act of a child above seven and under twelve of immature understanding –Nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.
Important case laws
Queen vs. Lukhini Agardanini – in this case it was held that merely, the evidence of the age would be a conclusive proof of the innocence of a child and would ispo facto be an answer to any charge against him.
Hiralal vs. state of Bihar – in this case, the boy below 12 participated in a concerted action and used a sharp weapon for a murderous attack on the accused. In the absence of the evidence leading about the boy’s lack of maturity of his actions, the defense under section 83 was not allowed.
Important legal maxims and terms
- Ispo facto– by the fact itself
- Doli incapax – the child cannot form the necessary intention to constitute a crime since he poses no adequate discretion or understanding.
- Doli capax – the child between the age of 7-12 ears is capable to form the maturity to form an intent
Points to remember
- Infancy in its literal sense means the state or period of babyhood or early child hood
- Nothing is an offence which is done by a child under 7 years of age. Under 7 years, no infant can be guilty of a crime by presumption of law
- If it shows the child in the age group of 7-12 years has not attained the requisite degree of understanding and maturity to judge the nature and consequences of his conduct, He is exempted from criminal liability.
- Younger the child more probability of him being less corrupt
