Give correct response Section 83 of the Indian Penal Code deals with the defence of infancy It ...........

Indian Penal Code (IPC) 1860 General Exceptions

Give correct response. Section 83 of the Indian Penal Code deals with the defence of infancy. It provides that :

A child who is above 7 but below 12 years of age is deemed to be doli capax and he would not be liable only if it can be proved that he was doli incapax.

A child who is above 7 but below 12 years of age is deemed to be doli incapax, therefore, he would be liable if it be proved that he was doli capax.

Section 83 is based on the principle of presumption of innocence of the accused unless the prosecution proves otherwise.

In order to avail the defence under section 83 it must be shown that the child was above 7 but below 12 years of age and if that much is proved the burden shall then lie upon the prosecution to prove that he was capable of knowing the nature and quality of his act.

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Explanation:

A child who is above 7 but below 12 years of age is deemed to be doli capax and he would not be liable only if it can be proved that he was doli incapax.