No civilised society regards children as accountable for their action… B without knowing the consequence of the act, without knowing the nature of the act sets fire to the house.

Doli incapax is the principle of criminal jurisprudence which states the criminal liability of children., section 82, 83, of IPC legal maxim

As per the maxim, in India, no child below the age of seven years can be prosecuted for commission of any crime, while for children between the age of eight to fourteen years, the prosecution has the burden of proof to prove the offense of the minor. B. Doli incapax (Incapacity of the child): It is a principle of jurisprudence which describes the criminal liability of children. Friday, September 4, 2020 No point to prove whether the child could understand the nature of the act and the consequences will act as a rebuttal.Nothing is an offence which is done by a child above seven years and below twelve years of age, who does not have sufficient understanding to judge the nature and consequences of his conduct on that occasion.Between the age of seven to twelve years, the code provides for presumption of innocence in favour of  child.
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The Court in his statement stated the child to be convicted of offence saying, he had gained sufficient knowledge to know the consequences of the act as he was carrying a knife, threatening a person to death and later killing him.Doli incapax is legal maxim which mean ‘incapable of crime’.

Here, the child will not be held liable for the act as he is Doli Incapax. By clicking “Accept”, you consent to the use of ALL the cookies.This website uses cookies to improve your experience while you navigate through the website.

The child lately attacked a person with the knife and stabbed him until he died.

© @Our Legal World We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. It basically means ‘incapacity of child’ which states, that a child cannot be held legally responsible for the acts or action and also cannot be convicted of a criminal offence.As per the principal, no child below the age seven years would be prosecuted for commission of any offence and for the children above seven years and below twelve years of age, the prosecution will have great burden of proof that the minor was capable of understanding the act or was having sufficient knowledge of nature of the act or else the child will not be convicted of any offence.Section 82 and 83 of the Indian Penal Code exempted the wrongful acts of the children from the criminal liability.In India, Criminal law acknowledges an age line under which children are not capable of crime.


It is based on the understanding that a child under the age of 7 does not have the intellectual capacity to consider the meaning and implications of his acts and thus lacks the potential to shape the mens rea or the purpose needed. This Section relates to the offence of abetment.

However, in order to prove that the child is liable for his acts, they must prove that the child was having the knowledge that his act was wrong and was knowing the consequences arising out of the act. In relation to the principal, it is however not necessary that the person abetted would be capable of committing an act or have the knowledge of act as that of the abettor.Hence, if a person abets a child whose age is below seven years or a child above seven and below twelve years of age then even if the child is incapable of being convicted of the offence committed by him, the abettor who abetted the child to commit an offence will be held liable for the offence.A with guilty intention abets B a child of 6 year old to do an act which causes D’s death. This is a complete defence and cannot be taken away in any circumstances. In India, this principle is covered under Sections 82 and 83 of the IPC. The maxim refers to a presumption in law that a child is incapable of forming the criminal intent to commit an offense. As per the maxim, in India, no child below the age of seven years can be prosecuted for commission of any crime, while for children between the age of eight to fourteen years, the prosecution has the burden of proof to prove the offense of the minor. It is mandatory to procure user consent prior to running these cookies on your website. Section 83 provides exemption from the criminal liability for the acts done by a child below the age of twelve years and above seven years, subject to certain conditions, i.e., the understanding capacity of the child, physical capacity of the child, etc. As per this principle’s application in India, no child below the age of seven years can be prosecuted for commission of any crime and for children between the ages of eight to fourteen years, the prosecution has a great burden of proof to prove the offence of the minor.

Notably, such an era was not built on the theory of child development, but rather “simply an instrument of public policy,” “a functional rule of practice,” and is not focused on “the empirical reality.”A child over the age of 10 but under the age of 14 is presumed to lack the capacity to be criminally responsible for his or her acts. You also have the option to opt-out of these cookies. This category only includes cookies that ensures basic functionalities and security features of the website. And the children above the age of seven years and below twelve years would be exempted from any criminal liability, if it is proved that at the time of offence the children was incapable of committing any act and do not know what is wrong or right during the conduct. However, Ramesh will be held liable for the murder of Raj.

Thus, if a child of below seven years is being prosecuted, the same can be stopped by an application under Section 82 of the Indian Penal Code.

In general, the doctrine reflects the concern that ‘using criminal penalties to punish a child who does not appreciate the wrongfulness of his or her actions lacks moral justification’. Abetment basically means actions of instigating, provoking or encouraging a person to commit an offence. In India, doli incapax finds its importance in Section 82 and 83 of the Indian Penal Code and in the Juvenile Justice Act.


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