IPC Section 83

 

⚖️ IPC Section 83 – Act of a child above seven and under twelve of immature understanding

"Nothing is an offence 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 his conduct on that occasion."

🧾 Explanation:

Age group covered: Children older than 7 but younger than 12.

This section does not grant full immunity like Section 82 (which gives complete protection to children under 7).

Instead, it introduces the idea of "maturity of understanding".

Key Points:

The child must be:

Above 7 years and

Below 12 years of age.

The child must not have attained sufficient maturity to:

Understand the nature of their act, and

Realize its consequences.

If such immaturity is proven, the child cannot be held criminally liable.

🔍 Legal Effect:

This section introduces a conditional immunity — the child may or may not be punished depending on their level of understanding.

The burden is on the prosecution to prove that the child had sufficient maturity of mind to understand what they were doing.

📌 Example:

A 9-year-old child accidentally sets fire to a hut while playing.

If it's shown that the child did not understand the consequences, no criminal liability.

But if it's proven that the child knew it was wrong and could cause harm, he could be held liable.

🧠 Related Section:

Section 82 IPC – Complete immunity to children below 7 years.

 

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