Principle Nothing is an offence which is done by a child under twelve years of age who has not attai...........

Indian Penal Code (IPC) 1860 Others

Principle: Nothing is an offence which is done by a child under twelve years of age, who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct on that occasion.

Facts: Himesh, 11 years old boy, picks up a gold ring worth Rs 5000/-lying on a table in his friend's house and immediately sells it for Rs 2000/-, and misappropriates the money.

Himesh would not be protected under the principle stated above because, irrespective of the age, stealing is an offence.

Himesh would be protected under the principle stated above because he is below 12 years of age.

Himesh would be protected under the principle stated above because his acts show that he was not sufficiently mature to understand the nature and consequences of his conduct.

Himesh would not be protected under the principle stated above because his acts show that he was sufficiently mature to understand the nature and consequences of his conduct.

Explanation:

‘Doli Incapax’: a child is incapable of having a criminal intention. The Indian Penal Code lays down that A child below 7 years of age cannot be made liable criminally. However for a child between the age group of 7 and 12 years, the liability will depend on the maturity and understanding of the child. In the given situation the 11 year old boy steals a gold ring and sells it. This reflects that he completely understood the nature of the act that he was doing. Himesh would not be protected under the principle stated above because his acts show that he was sufficiently mature to understand the nature and consequences of his conduct.