Introduction of IPC Section 83
While very young children are exempt from criminal liability, older children may still need some legal protection based on their level of maturity. IPC Section 83 deals with acts committed by children above 7 but below 12 years old.
- Introduction of IPC Section 83
- What is IPC Section 83 ?
- IPC 83 Overview
- Section 83 of IPC Punishment
- 83 IPC bailable or not ?
- Section 83 IPC in short information
- Section 82 & 83 of IPC
- IPC 83 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is IPC Section 83 ?
IPC 83 states that a child above seven and under twelve years of age who has not attained sufficient maturity of understanding to judge the nature and consequences of their conduct on that occasion is not liable for their actions. This provision ensures that only children who are capable of understanding the wrongfulness of their actions can be held responsible.
IPC 83 Overview
IPC 83 states that nothing is an offense which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge the nature and consequences of their conduct.
Age-Based Protection: This law provides protection for children between 7 to 12 years old, based on their maturity level.
Lack of Understanding: It covers cases where the child could not fully comprehend the nature and consequences of their act.
No Criminal Intent: If the child lacked sufficient maturity, they are considered incapable of forming any criminal intent or mens rea.
Case-by-Case Assessment: Unlike a blanket exemption, each case is evaluated to determine if the child had attained requisite maturity.
Promotes Rehabilitation: The aim is to avoid criminalization and instead promote the child’s welfare through rehabilitation and reform.
Burden of Proof: The burden is on the court to assess and determine if the child had sufficient maturity based on evidence.
Section 83 of IPC Punishment
Punishment: There is no specific punishment outlined in IPC 83. Instead, it provides criteria for assessing the liability of children.
Fine: Similarly, there is no fine specified in IPC 83. The focus is on understanding the child’s maturity.
83 IPC bailable or not ?
IPC 83 itself does not address bailability directly. However, given the protective nature of this section, children found to lack sufficient maturity are typically not subjected to regular criminal procedures, including bail.
Section 83 IPC in short information
| Offense | Definition | Punishment | Bailable or Not |
|---|---|---|---|
| IPC 83 | Acts done by a child above seven and under twelve without sufficient maturity of understanding | No specific punishment | Not directly applicable |
Section 82 & 83 of IPC
Differences Between IPC Sections 82 and 83
| Aspect | Section 82 | Section 83 |
|---|---|---|
| Offence | Acts of children | Acts of children with insufficient maturity |
| Definition | No child under 7 years liable | Child above 7 and under 12 years not liable if lacking maturity |
| Age Range | Below 7 years | Above 7 and under 12 years |
| Liability | Absolute immunity, no liability | Conditional liability based on maturity |
| Judicial Assessment | Not required | Required to assess child’s maturity |
| Punishment | No punishment specified | No specific punishment; depends on maturity |
| Bailable or Not | Not applicable | Not directly applicable; handled under juvenile justice laws |
| Purpose | Protects very young children | Balances protection and accountability based on maturity |
| Legal Principle | Doli incapax (incapable of crime) | Limited doli incapax based on maturity |
IPC 83 FAQs
What is IPC 83?
IPC 83 states that children between seven and twelve who lack sufficient maturity to understand their actions are not liable for those actions.
Does IPC 83 provide complete immunity to children?
No, it provides conditional immunity based on the child’s maturity and understanding.
How does the court determine a child’s maturity under IPC 83?
The court assesses the child’s understanding and maturity on a case-by-case basis to determine liability.
Are children under IPC 83 subjected to regular criminal procedures?
Typically, no. If found lacking maturity, they are usually handled under juvenile justice laws rather than regular criminal procedures.
Why is IPC 83 important?
It ensures that young children are not unfairly punished for actions they cannot fully comprehend, promoting a fair and just approach to juvenile justice.
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