Question

In the IPC, nothing is an offence which is done by a Child under:

• A. Eight years
• B. Ten years
• C. Seven years
• D. Twelve years

Hint:

Under Section 82 IPC, a child below seven years is considered incapable of committing a crime (doli incapax).

Answer 1

The Correct Option is C

Step 1: Legal Provision under IPC:
According to Section 82 of the Indian Penal Code (IPC), nothing is an offence which is done by a child under seven years of age. The law presumes that a child under this age is incapable of understanding the nature and consequences of his actions. Therefore, such a child cannot form the necessary criminal intent (mens rea) to commit an offence.
Step 2: Principle Behind the Law:
This principle is based on the doctrine of “doli incapax,” which means that a child under a certain age is presumed to be incapable of committing a crime. The rationale is that such children lack the mental maturity and capacity to distinguish between right and wrong.
Step 3: Analysis of Options:
- (A) Eight years: Incorrect, as the law sets the limit at seven years.
- (B) Ten years: Incorrect, this age applies to other juvenile considerations, not criminal incapacity.
- (C) Seven years: Correct, as per Section 82 IPC.
- (D) Twelve years: Incorrect, this is beyond the statutory limit.
Step 4: Final Conclusion:
The correct answer is (C) Seven years, as per Section 82 of the Indian Penal Code.