Question

Doli incapax means incapable of crime forming a defence for children that a child is incapable of crime. Basis of this presumption lies in the theory of criminal responsibility, which means that a person should be held criminally responsible only for acts he intends to commit. Doli incapax finds its importance in which of the legislations in India ?

• A. Child Labour (Prohibition and Regulation) Act
• B. Juvenile Justice (Care and Protection) of Children Act
• C. Criminal Procedure Code
• D. Prohibition of Child Marriage Act

Answer 1

The Correct Option is B

The concept of doli incapax refers to the presumption that children are incapable of committing a crime due to a lack of mental capacity to understand the difference between right and wrong. This principle is rooted in the idea that only those who intend to commit crimes should be held criminally responsible.

In India, the principle of doli incapax is significant in the context of juvenile justice. It is primarily applicable under the Juvenile Justice (Care and Protection) of Children Act. This legislation outlines the legal framework for handling cases involving minors and establishes standards for their care and protection, ensuring that children below a certain age are not tried and punished as adults.

The Juvenile Justice Act aims to rehabilitate minors rather than punish them, promoting their reintegration into society while ensuring that their rights and developmental needs are respected and upheld.