top of page

IPC Section 64

IPC Section 64 provides immunity from punishment for acts done by a child under seven years of age, ensuring protection for minors.

IPC Section 64 addresses the legal treatment of children under seven years who commit acts that would otherwise be offences. It recognizes that children below this age lack the maturity and understanding to be held responsible for criminal acts. This provision ensures that such young children are not subjected to punishment under the Indian Penal Code.

This section is crucial as it protects minors from the criminal justice system, reflecting the principle that children require care and guidance rather than penal action. It also aligns with the broader legal framework that safeguards children's rights and promotes their welfare.

IPC Section 64 – Exact Provision

In simple terms, this means that any act committed by a child below seven years cannot be considered a crime. The law assumes that such young children do not have the capacity to understand the nature or consequences of their actions, and therefore, cannot be held legally responsible.

  • Children under seven years are exempt from criminal liability.

  • Acts by such children are not punishable under IPC.

  • Reflects the principle of doli incapax (incapacity to commit crime).

  • Ensures protection of minors from the criminal justice system.

Purpose of IPC Section 64

The primary objective of IPC Section 64 is to protect very young children from being prosecuted or punished for acts they commit. It recognizes the developmental incapacity of children under seven to form criminal intent or understand the consequences of their actions. This provision promotes a humane approach to juvenile justice by emphasizing care over punishment.

  • To exempt children under seven from criminal responsibility.

  • To uphold the principle of doli incapax for minors.

  • To ensure child welfare and protection within the legal system.

Cognizance under IPC Section 64

Cognizance of offences involving children under seven is generally not taken by courts, as their acts do not constitute offences. However, if a child above seven but below twelve commits an act, courts may consider the child's capacity to understand the act. For children under seven:

  • Court does not take cognizance of offences committed by them.

  • No criminal proceedings can be initiated against such children.

  • Focus remains on protection and care rather than punishment.

Bail under IPC Section 64

Since acts by children under seven are not offences, the concept of bail does not apply to them. They cannot be arrested or detained in connection with any criminal act. Instead, authorities and guardians are expected to provide care and guidance.

  • Offence is non-existent; hence, bail is not applicable.

  • No arrest or detention of children under seven for alleged offences.

  • Emphasis on welfare measures rather than criminal procedures.

Triable By (Which Court Has Jurisdiction?)

As acts by children under seven are not offences, no court has jurisdiction to try such cases. If a child above seven commits an offence, juvenile courts or appropriate magistrates may have jurisdiction depending on the nature of the offence.

  • No trial for children under seven as acts are not offences.

  • Juvenile courts handle cases involving children above seven but below eighteen.

  • Regular courts try offences committed by adults or juveniles above eighteen.

Example of IPC Section 64 in Use

Consider a scenario where a five-year-old child accidentally breaks a neighbor's window while playing. Although the act causes damage, the child cannot be held criminally liable under IPC Section 64. The law protects the child from punishment, and the matter is typically resolved through parental responsibility or civil compensation. Conversely, if a twelve-year-old intentionally causes damage, the child may be held accountable under juvenile justice laws.

Historical Relevance of IPC Section 64

IPC Section 64 has its roots in the principle of doli incapax, which historically protected young children from criminal liability. This principle has been recognized in common law traditions and incorporated into the Indian Penal Code since its inception in 1860.

  • 1860: Indian Penal Code enacted including Section 64.

  • Principle of doli incapax established to protect minors.

  • Judicial recognition of age-based immunity in early case law.

Modern Relevance of IPC Section 64

In 2025, IPC Section 64 remains vital in safeguarding children's rights within the criminal justice system. Courts continue to uphold the immunity of children under seven, emphasizing rehabilitation and care over punishment. The section aligns with international conventions on child rights and juvenile justice.

  • Supports child protection in contemporary legal framework.

  • Courts interpret it to prevent criminalization of young children.

  • Promotes social welfare and rehabilitation over penal action.

Related Sections to IPC Section 64

  • Section 82 – Acts of children above seven and under twelve years of age.

  • Section 83 – Act of a person of unsound mind.

  • Section 75 – Offences committed by five years and under.

  • Section 76 – Act done by a person incapable of judgment.

  • Juvenile Justice Act – Special provisions for juveniles.

Case References under IPC Section 64

  1. R v. Pritchard (1836, UK)

    – Established the principle of doli incapax protecting children under seven from criminal liability.

  2. State of Maharashtra v. M.H. George (1965 AIR 722, SC)

    – Supreme Court recognized the importance of age in determining criminal responsibility.

  3. Gian Kaur v. State of Punjab (1996 AIR 946, SC)

    – Affirmed the need for protection of minors under IPC provisions.

Key Facts Summary for IPC Section 64

  • Section:

    64

  • Title:

    Acts by Children Under Seven

  • Offence Type:

    Non-cognizable, Non-bailable (Not an offence)

  • Punishment:

    None – immunity granted

  • Triable By:

    Not triable by any court

Conclusion on IPC Section 64

IPC Section 64 plays a fundamental role in the Indian legal system by exempting children under seven years from criminal liability. This provision reflects a compassionate approach recognizing the developmental incapacity of very young children to understand or intend wrongdoing. It ensures that such children are not subjected to the harshness of criminal prosecution.

By safeguarding minors, Section 64 aligns with broader principles of juvenile justice and child welfare. It emphasizes care, protection, and rehabilitation over punishment, reinforcing the state's duty to nurture its youngest citizens. In modern times, this section remains a cornerstone in protecting children's rights within the criminal law framework.

FAQs on IPC Section 64

What is the age limit for immunity under IPC Section 64?

Children under seven years of age are granted immunity from criminal liability under IPC Section 64. Acts committed by them are not considered offences.

Can a child under seven be punished for any crime?

No, children below seven years cannot be punished for any crime as per IPC Section 64, since they are presumed incapable of forming criminal intent.

Does IPC Section 64 apply to civil cases?

No, IPC Section 64 specifically relates to criminal liability. Civil liability for acts by children may be addressed separately, often involving guardians.

What happens if a child above seven commits an offence?

Children above seven but below twelve may be held liable if proven capable of understanding their act. Juvenile justice laws apply to such cases.

Is IPC Section 64 aligned with international child rights laws?

Yes, IPC Section 64 aligns with international conventions like the UN Convention on the Rights of the Child, emphasizing protection and non-punishment of young children.

Related Sections

Cuban cigars are illegal to import and sell in India due to trade restrictions, but personal possession is not explicitly banned.

Comprehensive guide on Central Goods and Services Tax Act, 2017 Section 67 covering inspection, search, and seizure provisions.

Evidence Act 1872 Section 61 defines the competency of witnesses, outlining who may testify in court and its significance in legal proceedings.

Section 204 of the Income Tax Act 1961 mandates tax deduction at source (TDS) and timely deposit to the government in India.

IPC Section 401 defines criminal breach of trust by a public servant, emphasizing misuse of entrusted property or dominion.

IPC Section 57 defines the offence of making a false statement in a declaration which is punishable under Indian law.

Car modifications in India are conditionally legal with strict rules on safety, pollution, and approval from authorities.

Income Tax Act, 1961 Section 46A deals with the procedure for transfer of assets in case of amalgamation or demerger.

IPC Section 52 defines the term 'good faith' and its legal significance in criminal liability under Indian law.

Companies Act 2013 Section 260 governs the procedure for removal of directors before expiry of their term.

CPC Section 150 empowers courts to review their own judgments or orders to correct errors and prevent injustice.

Detailed guide on Central Goods and Services Tax Act, 2017 Section 145 covering audit provisions and compliance.

Knuckles are illegal in India; possession and use can lead to criminal charges under Indian law.

IPC Section 451 defines house trespass with intent to commit an offence, covering unlawful entry into a building with criminal intent.

IPC Section 23 defines when an act is considered done voluntarily, clarifying intent and free will in criminal liability.

Buyouts are legal in India but must follow specific regulations under company and contract law.

Smoking in public places in India is largely prohibited with strict rules and limited exceptions under the Cigarettes and Other Tobacco Products Act.

CrPC Section 69 empowers police to intercept messages for investigation with magistrate's approval under lawful conditions.

Companies Act 2013 Section 226 empowers the Central Government to appoint inspectors for company investigations.

CrPC Section 357A mandates state compensation to victims of crimes for their losses and rehabilitation.

Digilocker is legal in India as a government-authorized digital document storage and verification platform.

Explore the legal status of Aviator game in India, including regulations, enforcement, and common misconceptions about online gaming laws.

CrPC Section 402 details the procedure for attachment and sale of property to recover fines imposed by courts.

IPC Section 487 defines the offence of extortion by putting a person in fear of death or grievous hurt to obtain property.

Section 177 of the Income Tax Act 1961 governs the procedure for assessing income when a person fails to comply with notice requirements in India.

Learn about the legality of 12Bet in India, including gambling laws, enforcement, and common misconceptions.

Consumer Protection Act 2019 Section 54 outlines the procedure for filing complaints with Consumer Commissions for grievance redressal.

bottom of page