in Corporate Law
Asked August 18, 2013

Can a minor aged 5 yrs be liable for grevious hurt?

  • 1 Answer

A, a child aged 5 years causes hurt on the head of B. B sustained serious ininjuryjury. Since A is just 5 years old, can he be held lialiable ble under Indian Penal Code in any circumstances?

Answer 1

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In terms of the Code, A is doli incapax - the Code treats children under the age of seven years as incapable of committing offences. Therefore, A cannot be held liable under the Code in any circumstance. Section 82 makes this abundantly clear.

However, given that the Juvenile Justice Act is now in force in the country, it is disputable whether any child accused of committing any offence can be tried under the Code at all.

Agree Comment 0 Agrees over 8 years ago

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