General exceptions for children

 

What is infancy?

General exceptions for children when they commit a crime but not get punishment

 

1. Child below 7 years (Section 82 of IPC 1860)

1.    Complete immunity under IPC 1860.

2.    Nothing is an offence that is done by a child below 7 years of age.


3.    Such children are called doli incapax, incapable of forming criminal intent necessary for a crime.

4.    Such children are completely protected from prosecution and punishment, such child can neither be arrest nor can they be tried or punished under any circumstance.

 

2. Children between 7-12years (Section 83 of IPC 1860)

1.    Conditional immunity under IPC 1860.

2.    Nothing is an offence that is done by a child above 7 and below 12 years of age who has not attained sufficient maturity of understanding the nature of the crime.

3.    A mental understanding of the child is important to understand whether he should be allowed the defence or not.

4.    If the child understanding the nature of the crime then he becomes liable for the punishment and if not he is allowed the defence.

 

3. Children above 12 below 18

1.     Juvenile Justice (Care and protection of Children) Act.

2.     IPC intended to extend immunity to children up to 12 years. Beyond this age, there is no provision in the Code. But with the development of a child, it was realized that children up to 18 years are of the tender mind and hence, they also deserve some immunity.

3.     Consequently, the Juvenile Justice Act was created which gives legal protection to children up to 18 years, this law focuses on the development of the child rather than on punishment. Hence, child offenders are sent to reformatory houses (called borstal in the UK).


    In recent times particularly after Nirbhaya’s case, there was a huge demand to reduce the juveniles, accordingly, an amendment was introduced.

The key features of the amended law are as follows-

1.     The age of juvenile continues to be 18 years.

2.     A special exception has been created- if a child between 16-18 years is guilty of a heinous crime punishable with imprisonment for 7 years or more, now he can be treated as an adult and can be punished.

3.     This decision will be taken by a 3 member body called JUVENILE JUSTICE BOARD comprising of a Magistrate, a woman and a social worker or psychologist.

 

Location: India

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