Infancy in Criminal Law

Committing a crime entails criminal liability, and all substantive aspects of criminal law are covered by India's official criminal code, the Indian Penal Code (IPC). Nevertheless, Chapter 4 of the Indian Penal Code (Sections 76–106) has many broad exceptions, with infancy covered in Sections 82 and 83.

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This Story also Contains

1. What is Infancy
2. Criteria Dustingushing Liability of a Child
3. Infancy Under IPC
4. Laws Related to Children in India
5. Case Laws on Infancy
6. Conclusion

The Indian evidence law stipulates that the burden of proof rests with the accused in cases when the Indian criminal code's Chapter 4 broad exceptions are invoked. A standard legal test known as "Actus Reus Non-Facit Reum Nisi Mens Sit Rea" states that generally speaking, an individual who acted without mental culpability is not criminally accountable.

What is Infancy

Infancy is a legal defence to being held liable for a crime, given the age of the perpetrator. It asserts that because the culprit is too young to be a criminal, he is immune from prosecution. The idea behind the infancy defence is that juvenile offenders are too immature to be thinking about committing crimes.

In India, an individual under the age of eighteen is deemed a child, and Sections 82 and 83 of the "Indian Penal Code" provide for the defence of infancy under criminal liability. In Gopinath Ghosh v. State of West Bengal, the Supreme Court heard the defence of infancy for the first time.

Criteria Dustingushing Liability of a Child

• Children under the age of seven are granted complete immunity under S.82 of the IPC.

• S.83 of the IPC grants qualified immunity to children between the ages of seven and twelve; the child's mental capacity is the deciding element.

• Children who are 12 to 18 years old are governed under the Juvenile Justice (Care and Protection of Children) Act of 2015.

For children between the ages of 12 and 15, the maximum penalty is one year in jail, and for those between the ages of 16 and 17, the maximum punishment is two years in prison. A juvenile over 16 who commits a severe crime would be tried as an adult in court due to the prevalence of gang rape in Delhi.

Infancy Under IPC

Section 82 IPC

This provision makes it clear that a child under the age of seven cannot be legally punished for whatever offence they commit. It is believed that children under the age of seven lack the mens rea necessary to understand the nature and consequences of their actions and to commit any crime, based on the idea of Doli Incapax, which means incapable of committing any crime. He is incapable of distinguishing between good and wrong.

To claim a defence under section 82 of the IPC,1860, the defendant must prove their case. If successful, they are granted an absolute exception, which means that no evidence can find the child guilty.

In the case of, Marsh v. Loader The accused observed a child removing a stick from his territory. It was concluded that the child did not understand the consequences of his conduct because he was younger than seven years old. He was therefore declared not guilty.

Section 83 IPC

According to this clause, a child who commits an offence after the age of seven but before the age of twelve is accountable for his actions and must understand the consequences of his actions. based on the concept of Doli capax, which means "capable of a wrongdoing," and applies if the accused has the mental ability to comprehend the activities that he has taken. Qualified immunity is granted to the child.

The prosecution must demonstrate that there was a reasonable mental understanding with actus reus, while the child has the burden of proof under this exemption to show that he was between the ages of seven and twelve at the time of the conduct and was unaware of the consequences of the act. According to S.83 of the IPC, the child's mental comprehension is a necessary prerequisite.

Laws Related to Children in India

An economy's development index is determined by the quality of its human capital. Since children are this nation's future, the state has an increased obligation to ensure that they grow up healthy and productive citizens. Because similar legal systems are so common, our legal system has several rules designed to prevent harm to children. Section 82 of the Indian Penal Code (IPC) states that nothing committed by a child who is older than seven but younger than twelve and who has the mental ability to understand the nature and danger of anything is considered an offence. According to section 89 of the IPC, unless the guardian or another legally responsible party gives their express or implied consent, no action taken in good faith for the benefit of a person under the age of twelve or who is mentally incompetent is illegal because it does not cause harm to the person it is intended to cause, knows it will cause, or may cause.

Section 317 IPC

To protect children from being abandoned or left in danger by their parents, Section 317 of the Indian Penal Code states that any parent who is responsible for a child under the age of twelve and exposes or leaves the child in any location with the intent of completely abandoning the child will face the punishment of either a fine or a term of imprisonment up to seven years.

Section 361 IPC

Section 361 of the Indian Penal Code states that any individual who takes or entices a minor, male or female, under the age of sixteen, or the age of eighteen, or any person of unsound mind, out of the custody of their lawful guardian, without the guardian's consent, is considered to have abducted the minor or person from lawful guardianship. Section 363 of the IPC describes the punishment for this offence as follows: a maximum sentence of seven years in prison and a fine is imposed on anyone found kidnapping a person from India or under legal care. This ensures the security of kids.

Section 369 IPC

As to the Indian Penal Code's Section 369, one who kidnaps or abducts children under the age of ten intending to steal their moveable property faces a maximum sentence of seven years in prison and a fine. Section 363A of the IPC makes it unlawful to kidnap or maim a child to beg to stop minors from being taken for this reason.

Section 366A IPC

To protect young women from sexual offences As per the Indian Penal Code's Section 366A, an individual who, by any means, coerces a minor girl under the age of eighteen to leave a place or undertake any action knowing that the girl might be coerced or seduced into engaging in illicit sexual relations with another person, faces a maximum of ten years in prison and a fine.

Section 372 IPC

Section 372 of the Indian Penal Code states that anyone who sells, rents out, or otherwise disposes of a person under the age of eighteen with the intention that the person will be used or employed for prostitution, illicit sex with another person, or any other unlawful or illegal purpose, or who knows or suspects that the person will be used or employed for any such purpose at any age, faces up to ten years in prison (or similar punishment).

Section 373 IPC

As per the provisions of Section 373 of the Indian Penal Code, an individual who purchases, employs, or otherwise acquires the possession of a person under the age of eighteen intending to use or employ that person for prostitution or illicit sexual relations with another person for any immoral or unlawful purpose may be subject to a fine of up to ten years in prison.

Case Laws on Infancy

In the case of, Hirelal Mallick v. State of Bihar

In this case, Because of an argument between the deceased and their father, a 12-year-old boy and his two older brothers murdered the deceased. They took fleas from the crime scene and swung a sword at the deceased's throat. The child was found to be aware of his behaviours and their repercussions. There was no proof to suggest that the child lacked the maturity to recognize the seriousness of his acts. As a result, the Indian Penal Code's Section 326 found him guilty.

In the case of, Kakoo v. the State of Himachal Pradesh

In this instance, the 13-year-old accused sexually assaulted a 2-year-old girl child. It was discovered that the accused was fully aware of his actions. Consequently, the mother of the victim was fined Rs. 2000 and he was sentenced to a year of hard imprisonment. The punishment was reduced in light of section 83, which states that if the defendant cannot be considered an adult, they cannot be punished as such.

Conclusion

This article discusses the provisions of infancy in the Indian Penal Code 1980. According to IPC, an infant is someone who is below the age of seven years. Infants under IPC who are under seven years of age given in section 82 of IPC cannot be held liable for their actions as an infant is not that mature enough to decide between right and wrong. According to section 83, a child whose age is between seven to twelve is given qualified immunity from offence because of the mental element present in such a case.