What should be done in case a child upto 12 years of age repeats a criminal act?

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    • #2027

      As per sec 83 of IPC 83. Act of a child above seven and under twelve of immature understanding.—Nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.
      Since, the child does not has a maturity level to understand the nature and consequences of the actions, there are high chances of the child repeating his actions.
      So, the child can be sent for counselling sessions to make him more aware of not performing those actions again and also make sure that the child is well attending the counselling sessions and responding well to the same.

    • #2582

      Section 83 of the Indian Penal Code confers immunity to children up to the age of 12 from criminal liability. When a child is above the age of 7 and below the age of 12, the liability is completely dependent on the maturity of the child. When a child below the age of 12 has the maturity to understand the consequences of the criminal act then the child is liable. Few factors that demonstrate maturity,
      • The immediate action of a child after the commencement of the criminal act.
      • The conduct of child during the investigation process.
      • The nature of the act done by the child.

      Sometimes, a child lacks the maturity to understand the consequences of the act and thus the child can’t be held liable. The children repeat the act because they fail to realize the real nature of the criminal act and the sequel of it. Thus, the child must be given special care and attention to prevent them from repeating the act and has to impose certain moral values on children and divert their mind in a more positive direction. These acts could be prevented by making the children get engaged in any other activities like games, music.

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