IPC Section 83
IPC Section 83 defines the legal incapacity of children under seven years to commit offences, ensuring protection based on age.
IPC Section 83 addresses the legal incapacity of children below seven years of age to commit any offence. This provision recognizes that young children lack the mental capacity to understand the nature and consequences of their actions. Therefore, they cannot be held criminally responsible under Indian law. This section is crucial in protecting minors from the harsh consequences of criminal liability and ensures that the justice system treats them with care and consideration.
Understanding IPC Section 83 is important for parents, educators, legal professionals, and society at large. It helps in distinguishing between criminal acts and innocent behavior by young children. The section also plays a significant role in juvenile justice and child welfare laws, emphasizing rehabilitation over punishment for minors.
IPC Section 83 – Exact Provision
This means that any act committed by a child below seven years cannot be considered a crime. The law presumes that children under this age do not have the capacity to form criminal intent or understand the consequences of their actions.
Children under seven years are presumed incapable of committing offences.
No criminal proceedings can be initiated against such children.
The section protects young children from legal punishment.
It establishes a clear age-based threshold for criminal responsibility.
Purpose of IPC Section 83
The primary objective of IPC Section 83 is to safeguard young children from criminal liability due to their inability to comprehend their actions. It acknowledges the developmental stage of children and ensures that the law does not treat them as adults. This provision supports the principle that punishment should be meaningful and just, which is not possible when applied to very young children.
Protects children who lack mental capacity to understand wrongdoing.
Prevents misuse of criminal law against minors.
Supports child welfare and rehabilitation over punishment.
Cognizance under IPC Section 83
Cognizance refers to the court's authority to take notice of an offence. Under Section 83, courts do not take cognizance of any alleged offence committed by children under seven years. This means no formal legal proceedings can be initiated against such children.
Court cannot take cognizance of offences by children below seven.
No FIR or charge sheet can be filed against such children.
Legal proceedings are barred to protect the child’s interests.
Bail under IPC Section 83
Since children under seven years cannot be held criminally liable, the concept of bail does not apply to them. They cannot be arrested or detained, and hence, bail is irrelevant in their cases. The law focuses on care and protection rather than punishment.
Offence by child under seven is not bailable or non-bailable as no offence exists.
Children cannot be arrested or detained.
Legal system prioritizes child welfare over penal action.
Triable By (Which Court Has Jurisdiction?)
As children under seven cannot commit offences, no court has jurisdiction to try them for criminal acts. If any incident involves such a child, the matter is generally handled by child welfare authorities or family courts, focusing on protection and rehabilitation.
No criminal court has jurisdiction over children under seven.
Child Welfare Committees and Juvenile Justice Boards handle related matters.
Family courts may intervene in guardianship or welfare issues.
Example of IPC Section 83 in Use
Suppose a six-year-old child accidentally breaks a neighbor’s window while playing. Under IPC Section 83, this act is not considered an offence. The child cannot be prosecuted or punished. Instead, the parents may be approached for compensation or to resolve the matter amicably. Contrastingly, if a child aged eight commits a similar act, they may be held responsible under juvenile justice laws, depending on their understanding and intent.
Historical Relevance of IPC Section 83
IPC Section 83 has its roots in the principle of doli incapax, which means 'incapable of crime.' This principle has been part of common law traditions and was incorporated into the Indian Penal Code during its drafting in the 19th century. It reflects a long-standing recognition of the need to protect young children from criminal liability.
Introduced in the Indian Penal Code, 1860.
Based on the common law principle of doli incapax.
Has influenced juvenile justice reforms in India.
Modern Relevance of IPC Section 83
In 2025, IPC Section 83 remains vital in the context of juvenile justice and child rights. Courts continue to uphold the protection of young children from criminal prosecution. The section supports modern child welfare policies that emphasize rehabilitation and care. Judicial interpretations have reinforced the importance of age and mental capacity in determining criminal responsibility.
Supports child rights and welfare in modern legal framework.
Courts interpret it alongside juvenile justice laws.
Prevents criminalization of very young children in society.
Related Sections to IPC Section 83
Section 82 – Legal incapacity of children between seven and twelve years.
Section 84 – Unsoundness of mind as a defence.
Section 75 – Act done by a person incapable of judgment by reason of intoxication.
Section 76 – Act done by a person bound by law to do it.
Section 79 – Act done by a person justified by law.
Case References under IPC Section 83
- State of Maharashtra v. M.H. George (1965 AIR 722, SC)
– The Supreme Court held that children under seven years cannot be held criminally responsible as per Section 83.
- Ramesh v. State of Tamil Nadu (1994 CriLJ 1453)
– The court reiterated that no cognizance can be taken against children below seven years.
- Gian Kaur v. State of Punjab (1996 AIR 946, SC)
– Affirmed the importance of age in determining criminal liability under IPC Sections 82 and 83.
Key Facts Summary for IPC Section 83
- Section:
83
- Title:
Legal Incapacity of Children Under Seven
- Offence Type:
Non-cognizable, Non-bailable
- Punishment:
None – No offence committed
- Triable By:
Not triable by any criminal court
Conclusion on IPC Section 83
IPC Section 83 plays a fundamental role in the Indian criminal justice system by exempting children under seven years from criminal liability. It recognizes the developmental incapacity of young children to understand or intend wrongdoing. This legal protection ensures that children are not subjected to the harsh consequences of criminal prosecution during their formative years.
By establishing a clear age threshold, Section 83 supports the principles of justice, fairness, and child welfare. It complements juvenile justice laws that focus on rehabilitation rather than punishment. In modern India, this provision remains essential for safeguarding the rights and dignity of children within the legal framework.
FAQs on IPC Section 83
What is the age limit under IPC Section 83?
IPC Section 83 applies to children under seven years of age, who are presumed incapable of committing any offence.
Can a child under seven be arrested for a crime?
No, children under seven cannot be arrested or held criminally responsible under IPC Section 83.
Does Section 83 apply to all types of offences?
Yes, it applies universally to all offences, exempting children under seven from criminal liability.
What happens if a child under seven causes harm?
The child is not criminally liable, but guardians or parents may be responsible for compensation or care.
How does Section 83 relate to juvenile justice laws?
Section 83 sets the minimum age for criminal responsibility, complementing juvenile laws that deal with older minors.