INFANCY

SUBMITTED BY_AASHI UPADHYAY

SUBMITTED TO_ MR.
JASDEEP{ASSISTANT PROFESSOR}
INTRODUCTION

Every Offence is not absolute, they have certain exceptions. When IPC was drafted, it was
assumed that there were no exceptions in criminal cases which were a major loophole. So a
separate Chapter 1V was introduced by the makes of the code applicable to entire concept.
Chapter IV of the Indian Penal Code, 1860 containing Sections 76 to 106 deals with
provisions for General Exceptions. A person committing an Offence under the
circumstances and exceptions mentioned in Chapter 1V is excused from criminal liability
and punishment shall not be imposed upon him in such case.
TWO ESSENTIAL ELEMENTS (FOR AN ACT TO BECOME CRIME)

1. ACTUS REUS – guilty act

2. MENS REA – guilty mind

When these elements are combined, crime is said to have taken place. Only if an action
takes place without the intention or if there is just an intention but no action, then it is not a
crime.
EXPLANATION

A child is considered innocent, and any wrongful act done by a child can not be
said to be a crime as it lacks mens rea (guilty mind).

The law presumes that a child below the age of 7 years is ‘doli incapax’. Latin maxim,
a child has no
discretion to
distinguish right
from wrong, thus
criminal
intention does
not arise.
Section 2(12) – defines child
A person who has not completed 18 years of age.
The fact that at the time of commission, the child was below
7 is ipso facto (by the very fact or act) an answer to the
prosecution, the scope of immunity granted under section 82
of IPC is wide enough to exempt a child not only from
prosecution for an offense under IPC but also from the
offenses under special as well as local law, as explained in
section 40 of IPC.
 Case law
(section 83)
MARSH VS LOADER (1863) 14 CBNS 535

The defendant caught a child stealing a piece of wood from his

premises and gave him into custody.
However, the child was under the age of 7 years, and therefore he
was not held liable for the Offence.
ESSENTIALS

1. The act must be done by a child- 7-12 years of age

2. The child must not have achieved enough maturity of
understanding to judge the nature and consequences of the act.
3. The incapacity must exist at the time of the conduct.
 Malice supplies age

Based on the principle,

‘the younger the child in age, the lesser the probability of being
corrupt’
 Case laws
(section 83)
The Child between 7-12 years of age said to be doli capax

According to section 83, a child above seven years of age

and below twelve years of age can plead for the defense
under this section if they commit any Offence. However, it
is to be proved that the child has not attained enough
maturity to judge the nature and outcomes of his actions
on that occasion.
ULLA MAHAPATRA VS. THE KING AIR 1950 ORI 261, LQ/ORIHC/1950/32

• An 11-year-old boy had picked up a knife and advanced towards the victim saying that he
would cut him to bits and did actually cut him.
• The court held the boy’s entire conduct led to the one inference which was, that he knew,
that the cut inflicted by the knife would effectuate(to make something happen) his intention of
hurting the victim.
• Defence, section 83, failed to protect him.
• He was held liable.
MARIMUTH VS UNKNOWN

the accused, a girl of 10 years of age, picked up a silver button worth eight
annas and gave it to her mother.
It was held that the girl was not liable for theft because the circumstances did
not disclose that she had attained sufficient maturity of understanding to judge
the nature of her act.
Age immunity

Child up to 7 years ABSOLUTE IMMUNITY

Child between 7- 12 years CONDITIONAL IMMUNITY

Child between 12- 18 - ???

 Child of aged 12 – 18 are held liable under the
juvenile justice(care and protection of children)
act, 2015
 Juvenile aged 16 – 18

Section-18(3) - Must be treated as adults –

heinous crimes
 BURDEN OF PROOF

Section 105 of the Indian evidence act, 1872

Reads with
Section 6 of IPC

The child need not plead the defense under section 83, they need to prove
maturity only
 Section 12 of JUVENILE JUSTICE ACT:-
Juvenile in conflict with law is not entitled to be released on bail solely on the
grounds of their juvenility.
Suraj Gupta thru his father v. the state of UP, 2018(183) AIC 880: 2018 ACrC
220: 2018(3) All Lj 31
 Sec 18 – orders regarding child found to be guilty

• Allow the child to go home.

• The board can even direct a child to participate in group counseling and activities of a
similar nature.
• It can also issue an order that the child must perform community service under the

.
supervision of the organization and institution appointed by the board
• The board can order the child or his parents or guardian to pay the fine, provided that if
the child is working the provisions of labor law are not violated.
• The board can allow the child to be released on probation for his good behavior and
• The board can direct the child to be released on probation of his good conduct under the
well-being supervision of a fit facility which will ensure good behavior and well-being of
the child for a period not exceeding 3 years. 
• The board can even direct the child to be sent to a special home for not exceeding 3 years
in order to provide reformative services such as education, development of skills,
counseling, behavior modification therapy, and psychiatric support.
•Attend school
•Attend vocational training center
•Attend a therapeutic center.
 Section 18(3)

Where the board after preliminary assessment under sec 15 passes an

order that there is a need for the trial of the said child as an adult, then
the board may order a transfer of the trial of the case to the children’s
court having jurisdiction to try such offences.
 THE PROTECTION OF
CHILDREN FROM SEXUAL
OFFENCES ACT, 2012
 PREAMBLE OF POCSO

An Act to protect children from offences of and

provide for establishment of Specsexual assault,
sexual harassment, and pornography ial Courts for
trial of such offences and for matters connected
therewith or incidental thereto.
SECTION 5
whoever commits penetrative sexual assault on the child:-
• using deadly weapons, fire, heated substance, or corrosive substance,
• Grievous hurt or causing bodily harm or injury,
• Below 12 years of age,
• More than once or repeatedly,
• And attempts to murder the child,
• Knowing the child is pregnant,
• And makes the child strip or parade naked in the public,
• Or gang penetrative sexual assault on the child
SECTION 9-
Aggravated sexual assault
(same as sec 5)