Juvenile Offenders under 7 years of age
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Indian Penal Code has general exceptions in Chapter 4, which also protect children who are minors. Doli Incapax or children below the age of 7 years are completely excused and protected by the law. Doli Capax are children above the age of 7years but below the age of 12 years, who are also given protection to certain extent depending upon the circumstances.
What is the procedure that law follows as per Juvenile Justice Act,2015 when a minor under 7 years of age commits an offence?
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According to section 82 of the IPC, a child below 7 years of age gets a complete defense/immunity from any kind of criminal liability. The above statement gets justified by the principle of “doli incapax”, a child below the age of 7 cannot be held guilty for any offense because the nature of the child is not well capable of handling the situations and deciding the matter on his/her knowledge and understanding. As the boy/girl is under the age of 7, he cannot be charged with a crime leading to a denial of the trial whatever and however strong the case filed against him. Similarly, the POCSO act does not include such a provision and is carried out with the IPC section 82 enactment where states nothing is an offense that is done by a child under seven years of age. Law provides total immunity for any offense committed by them. The matter throws an insight when a child above the age of 7 years and below the age of 12 years is said to have committed an offense if the Court can ascertain that the child had sufficient maturity to understand the nature and consequences of their actions and the trial procedure starts as per the section 10 to 26 of The Juvenile Justice (Care And Protection Of Children) Act, 2015 relates with the procedure concerning children in conflict with the law.
The Juvenile Justice System in India is made on the basis of three main assumptions:
1. young offenders should not be tried in courts, rather they should be corrected in all the best possible ways,
2. they should not be punished by the courts, but they should get a chance to reform
3. trial for child in conflict with law should be based on non-penal treatment through the communities based upon the social control agencies for e.g., Observation Homes and Special Homes.
According to the Latin maxim, ‘doli incapax’ a child under the age of seven is incapable of committing a crime. The same as been affirmed in Sec. 82 of the Indian Penal Code, nothing is an offence which is done by a child under seven years of age. The Juvenile Justice Act defines a child in Sec. 2 (12), as any person who has not completed the age of 18 years. The Juvenile Justice Act does not specify anything about procedure to be followed if a child under seven years of age is in conflict with the law.
So, keeping in mind the aforementioned, the procedure mentioned in Sec. 10(1) of the Juvenile Justice Act, 2015 is for a child between the ages of 7 to 18 years of age. The Sec. 10 (1) of the Act says that as soon as a child who is said to be in conflict with law is detained by the police, the child shall be placed under the charge of the special juvenile police unit or the designated child welfare police officer. He/she is required to produce the child before the Board as soon as possible within a period of twenty-four hours, excluding the time necessary for the journey, from the place where the child had been apprehended.
In no situation or circumstance, the “child in conflict with law” as defined under sec. 2(13), is to be handcuffed, placed in police lockup, or put in jail. A child in conflict with law will be sent to an Observation Home temporarily during the period of inquiry. The child will be segregated according to age, gender, physical and mental status and nature of offence. A child who is found to have committed an offence by the Juvenile Justice Board will be placed in a Special Home.
The Juvenile Justice Board will conduct regular inspection of jails meant for adults to check if any child is lodged in such jails and take immediate measures for transfer of such a child to the Observation Home, as specified under Section 8 (3) (m) of the Act.– Juvenile Justice Act,2015 lays no producer for children under 7 years of age, if they commits an offence. However, here section 82 and 83 of Indian Penal Code is followed. Under ipc, a child below 7 years of age gets a immunity from any kind of criminal liability. Here the principle of “doli incapax” tell about the situation, where a child is unable to understand the outcome or legal consequences of his act.
– When we are talking about it child aged above 7 and below 12, according to section 83 of IPC, a child above 7 years of age and below 12 years of age can plead for the defence under this section if they commit any offence. However, it is upon the court to decide for the maturity of the child to understand the consequences of his act.
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