What is Section 83 IPC? Act of a child above seven and under twelve of immature understanding
Published on: Lawiz Team
Detailed explanation of Section 83 IPC: Act of a child above seven and under twelve of immature understanding.
Official Legal Text
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 of the nature and consequences of his conduct on that occasion.
What This IPC Section Means – Explained in Simple Words
Section 83 of the Indian Penal Code states that a child above seven and under twelve years of age, who has not attained sufficient maturity of understanding, is also exempt from criminal liability.
Purpose
The purpose of Section 83 is to clarify legal immunity or liability based on age, mental state, or consent as specified in the IPC.
Bailable or Not Bailable & Punishment
Bailable: Not Applicable, Punishment: No punishment if the child has not attained sufficient maturity of understanding to judge the nature and consequences of their conduct.
Scope and Application
Section 83 applies in situations where the individual’s age, mental condition, or the nature of consent influences legal responsibility.
Important Legal Points
This section highlights how legal responsibility can be influenced by factors such as age, consent, or mental state.
Illustrative Example
A child of nine years accidentally damages a neighbor's window while playing. If it can be shown that the child did not have sufficient maturity to understand the consequences, they are protected under Section 83.
Exceptions and Special Cases
Discusses any exceptions or specific scenarios where Section 83 may not apply.
Conclusion
Section 83 provides a nuanced approach to legal responsibility considering specific circumstances.
FAQs
What does Section 83 IPC define?
Act of a child above seven and under twelve of immature understanding.
What is the legal scope of Section 83 IPC?
It defines how act of a child above seven and under twelve of immature understanding is treated under Indian Penal Code.
When is Section 83 IPC applicable?
In cases involving act of a child above seven and under twelve of immature understanding circumstances or actions.
Are there exceptions under Section 83 IPC?
It must be read with relevant general exceptions or contextual limitations.
Can you give an example related to Section 83 IPC?
Real case laws often refer to act of a child above seven and under twelve of immature understanding in specific judgments.
Is Section 83 connected to any other IPC sections?
Yes, this section is often applied alongside related IPC provisions depending on the case.
How do courts interpret Section 83 IPC?
Courts interpret it in line with judicial precedent and legislative intent.