Description

Introduction

The law recognizes that children do not have the same level of maturity as adults. Section 83 IPC states that a child between the ages of 7 and 12 years will not be held criminally responsible if they do not have sufficient maturity to understand their actions.

This provision ensures that young children are not punished like adults, but also prevents misuse by children who are mature enough to understand the consequences of their actions.

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Key Provisions of Section 83 IPC

1. The Child Must Be Between 7 and 12 Years Old

• If the child is below 7 years old, Section 82 IPC applies, giving complete immunity from prosecution.
• If the child is above 12 years old, they can be held fully responsible.

2. The Child Must Lack Sufficient Maturity to Understand Their Act

• The court must determine if the child had enough intelligence to know their act was wrong.
• Example: A 10-year-old accidentally sets fire to a hut while playing—if they didn’t understand the danger, they may not be punished.

3. The Burden of Proof Lies on the Court

• It must be proven that the child had an immature understanding before granting protection under Section 83.
• Example: A 12-year-old who plans a theft and understands its consequences can be punished.

4. If Maturity Is Proven, the Child Can Be Punished

• If the child had sufficient intelligence and knowingly committed a crime, they can be punished under the Juvenile Justice Act.
• Example: A 11-year-old who deliberately poisons someone knowing it will cause death may be held responsible.

Punishment

Punishment Under Section 83 IPC

• Section 83 itself does not prescribe punishment but provides a defense for immature children.
• If the child is found mature enough to understand their actions, they may be tried under the Juvenile Justice Act.
• Possible punishments include:
  • Counseling and Rehabilitation.
  • Community Service or Juvenile Detention (for serious offenses).
  • No death penalty or life imprisonment for children under 18.