criminal liability of such a child, is convinced to commit a crime by an adult?

Home Forums Liability of the Child used as an Instrument by Perpetrator criminal liability of such a child, is convinced to commit a crime by an adult?

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      In the above case, the child is below 7 years, he/she cannot be charged with murder because under section 82 of the Indian penal code nothing is an offense, the acts which are done by the child under seven years of age. Liability of a crime not only involves the act done by the child, but it also includes mental intention to commit the crime. Under section 82 of the Indian penal code, and the juvenile justice act 2015, the children are doli incapax means the children below 7 years do not have any mental capacity to commit the crime. And in section 83 the child between the age of 7-12 has the defense of doli incapax but if the prosecution is proved then the child can be prosecuted so in the above case the child is below seven years and the child will not be liable for the death of an adult and the defense of doli incapax is used .and perpetrator that uses the child as an instrument to commit the crime is liable for abatement, The abatement of the illegal omission of an act may amount to an offense although the abettor may not himself be bound to do that act. So under section 108 perpetrators is liable to punish in the same manner as if a child had been capable by law of committing offense and murder and under section 302 of the Indian penal code the perpetrator is punished with death or imprisonment for a term extending up to 10 years

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