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In the ll'C, nothing is an offence when it is done by a child below:
12 years of age
. Above seven but below 12 years of age
. Below 14 years of age
None of the above
Section 82 of the Code completely makes an infant below 7 years of age immune from criminal liability since a child below this age is considered as doli incapax . in law. The reason being that a child under such an age cannot form the necessary intention to constitute a. crime, or possess adequate . discretion or understanding at this age. Thus a child under the age of 7 is exempted from liability,not only under the IJ'C but all other special and local Ia ws etc. Blackstone explains why a child below a certain age cannot be held liable - "infancy is a defect of the understanding, and infants under the age of disc,etion ought not to be punished by any criminal prosecution whatsoever". However, there appears to be no . absolute' rule as regards the age of discretion. It differs from country to country.
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