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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 ?



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 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.


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