Question

Sections 82 and 83 of Indian Penal Code embody which legal principle ?

• A. Doli incapax
• B. Actus non facit reum nisi mens sit rea
• C. Volenti non fit injuria
• D. De minimis non curat lex

Answer 1

The Correct Option is A

Sections 82 and 83 of the Indian Penal Code (IPC) embody the legal principle of Doli incapax. This principle refers to the incapacity of a child to form the intent necessary to commit a crime. Let's delve into the details:

Explanation:

1. Section 82 IPC: States that nothing is an offense which is done by a child under seven years of age. This section establishes an absolute presumption that a child below this age cannot commit a crime due to the lack of understanding and intent.
2. Section 83 IPC: Provides a qualified immunity for children between the ages of seven and twelve years. It states that nothing is an offense which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct on that occasion. This section recognizes that children within this age bracket may or may not possess the capacity to understand their actions, depending on their maturity and understanding.

The legal principle Doli incapax embodies the idea that young children are incapable of criminal intent due to their age and lack of understanding, thus protecting them from criminal liability.