Doli Incapax
Doli Incapax
Meaning
Latin maxim “Doli Incapax” means → “incapable of crime.”
The principle: A child below a certain age is presumed incapable of forming the guilty intention (mens rea), hence cannot be held criminally liable.
Under Indian Law (IPC)
Section 82 IPC
A child below 7 years → absolute immunity.
Such a child is doli incapax (incapable of crime).
Section 83 IPC
A child between 7–12 years →
Presumed incapable of crime if he has not attained sufficient maturity of understanding.
This is rebuttable presumption (Court may check maturity level).
Essentials
Age of child → below 7 = absolute defence.
Mens rea absent → child cannot distinguish between right and wrong.
Policy reason → children lack sufficient maturity and cannot be deterred by punishment.
Case Laws
Ulla Mahapatra v. Emperor (AIR 1931 Pat 356)
A child below 7 years cannot be held guilty under any circumstances (absolute immunity).
Heeralal Mallick v. State of Bihar (1977)
Child above 7 but below 12 can be held liable only if maturity to understand consequences is proved.
R v. Smith (1845, English Case)
Established that children under 7 are conclusively presumed incapable of crime.
Relation with Juvenile Justice Act
JJ Act, 2015 deals with children below 18 years.
But IPC provisions (Sec. 82–83) specifically give immunity to those under 12 years.
Thus:
Below 7 years → No liability at all (Sec. 82 IPC).
7–12 years → Conditional liability (Sec. 83 IPC).
12–18 years → Covered under JJ Act (not punished like adults, except in heinous cases for 16–18 years).
Summary Table
| Age of Child | Legal Position | Section |
|---|---|---|
| Below 7 yrs | Absolute immunity – no liability (doli incapax) | Sec. 82 IPC |
| 7–12 yrs | Rebuttable presumption – liable only if maturity proved | Sec. 83 IPC |
| 12–18 yrs | Juvenile Justice Act applies (reformation, not punishment) | JJ Act, 2015 |
✅ In short: “Doli Incapax” means a child below 7 years is incapable of committing a crime, and between 7–12 years is presumed incapable unless proven mature enough to understand consequences.
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