Sections 82 and 83 IPC deal with the criminal liability of children. W…

Question

Sections 82 and 83 IPC deal with the criminal liability of children. Which proposition correctly states the two-tier rule under these sections?

Accepted Answer

A. {'text': 'Below seven years, the child is absolutely exempt; between seven and twelve years, the child is exempt only if the child has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct', 'label': 'A'}

1. Section 82 IPC: nothing is an offence done by a child **under seven years of age**. The exemption is absolute — the child is presumed incapable of criminal intention (doli incapax).
2. Section 83 IPC: a child **above seven and under twelve** is exempt only if he has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct.
3. The lesson reproduces both provisions verbatim.
4. The other options state ages and tests that are not in the IPC.
_Source: ICSI CS Executive Paper 1 — Jurisprudence, Interpretation & General Laws, Lesson 9 (Indian Penal Code, 1860), pp. 205-224._

Answer

{'text': "Below five years, the child is exempt; between five and ten, the child is presumed to have full criminal capacity in every case without any further inquiry into the child's actual maturity of understanding of the nature and consequences of his act", 'label': 'B'}

Answer

{'text': "Below twelve years, the child is absolutely exempt in every situation under the Code; between twelve and eighteen, the child is exempt only on production of a doctor's certificate regarding the maturity of understanding and the nature of the act in question", 'label': 'C'}

Answer

{'text': "Below fourteen years, the child is exempt without any exception under the Code; above fourteen, full adult criminal liability applies without any inquiry into the child's maturity of understanding regarding the nature and consequences of the act in question", 'label': 'D'}