Nothing is an offence which is done by a child under seven years of age.
IPC Section 82: Simplified Explanation
The Indian Penal Code (IPC) explicitly recognizes the principle of doli incapax, which posits that children under a certain age are incapable of committing a crime due to their inability to fully understand the consequences of their actions or differentiate between right and wrong. This principle is encapsulated in Section 82 of the IPC, which states: “Nothing is an offence which is done by a child under seven years of age.”
Critical Aspects of IPC Section 82
- Age of Criminal Responsibility: Section 82 sets the age of criminal responsibility at seven years. This means that any child under seven is presumed incapable of committing an offence, as they are deemed not to have the mental capacity to form the necessary criminal intent (mens rea) or to understand the nature of their actions.
- Absolute Immunity: The provision grants immunity from criminal liability to children under seven. This immunity is not conditional; it applies regardless of the nature of the act or its consequences.
- Protection Based on Cognitive Development: This legal stance is based on understanding child psychology and cognitive development. It acknowledges that children under a certain age lack the mental development to engage in the reasoning required to understand their actions’ moral and legal implications.
