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Section 82 IPC: Act of a Child Under Seven Years of Age

Section 82 of the Indian Penal Code, 1860 created an absolute exemption from criminal liability for an act done by a child who had not completed seven years of age.

Legal position covered: This article explains Section 82 IPC under the law applicable before the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. It is retained for reference to the earlier IPC framework and matters governed by that law.

Section 82 of the Indian Penal Code, 1860

Nothing is an offence which is done by a child under seven years of age.

Meaning of Section 82 IPC

Section 82 formed part of Chapter IV of the Indian Penal Code dealing with General Exceptions. Its language is categorical: an act done by a child under seven years of age is not an offence. Under this provision, criminal responsibility does not depend on an inquiry into whether such a child actually understood the nature or consequences of the particular act.

The relevant question for Section 82 is therefore whether the child was under seven years of age at the time of the act. If so, the statutory exception applies.

Absolute Immunity for a Child Under Seven

The rule embodied in Section 82 is commonly associated with the principle of doli incapax, reflecting the law's conclusive protection of a child below the prescribed age from criminal responsibility. For a child under seven, the IPC did not require a separate examination of maturity or capacity to understand the nature and consequences of the conduct.

Essential Points of Section 82 IPC

The person must have been under seven years of age when the act was done.
The section states that the act is not an offence.
The protection is absolute for the age group covered by Section 82.
No separate inquiry into sufficient maturity of understanding is required under Section 82.
The rule should be distinguished from Section 83 IPC, which dealt with a child above seven and under twelve years of age and made maturity of understanding relevant.

Difference Between Section 82 and Section 83 IPC

Section 82 IPC: Applied to a child under seven years of age and provided an absolute exemption.

Section 83 IPC: Applied to a child above seven and under twelve years of age who had not attained sufficient maturity of understanding to judge the nature and consequences of the conduct on that occasion. Unlike Section 82, Section 83 required consideration of the child's maturity.

Why the Age at the Time of the Act Matters

The statutory wording refers to an act done by a child under seven years of age. Accordingly, the relevant age for applying the exception is the child's age when the alleged act occurred, rather than the child's age at a later stage of investigation or proceedings.

Related General Exceptions

Section 82 should be read with the neighboring general exceptions. Section 81 IPC concerned an act likely to cause harm but done without criminal intention to prevent other harm. Section 83 IPC dealt with a child above seven and under twelve years of age who lacked sufficient maturity of understanding.

Current-Law Note

The Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024, subject to the notified exception concerning section 106(2). The corresponding current provision concerning an act of a child under seven years of age is Section 20 of the Bharatiya Nyaya Sanhita, 2023. This page, however, is intentionally focused on the IPC position before implementation of the BNS.