Infancy in preview of the Indian Penal Code, juvenile justice act and POCSO

1. INFANCY
SUBMITTED BY_AASHI
UPADHYAY
SUBMITTED TO_ MR.
JASDEEP{ASSISTANT
PROFESSOR}

2. Every Offence is not absolute, they have certain exceptions. When IPC was drafted,
it was assumed that there were no exceptions in criminal cases which were a major
loophole. So a separate Chapter 1V was introduced by the makes of the code
applicable to entire concept.
Chapter IV of the Indian Penal Code, 1860 containing Sections 76 to 106 deals with
provisions for General Exceptions. A person committing an Offence under the
circumstances and exceptions mentioned in Chapter 1V is excused from criminal
liability and punishment shall not be imposed upon him in such case.
INTRODUCTION

3. 1. ACTUS REUS – guilty act
2. MENS REA – guilty mind
When these elements are combined, crime is said to have taken place. Only if an
action takes place without the intention or if there is just an intention but no action,
then it is not a crime.
TWO ESSENTIAL ELEMENTS (FOR AN ACT TO BECOME CRIME)

6. A child is considered innocent, and any wrongful act done by a child can
not be said to be a crime as it lacks mens rea (guilty mind).
The law presumes that a child below the age of 7 years is ‘doli incapax’.
EXPLANATION
Latin maxim,
a child has no
discretion to
distinguish right
from wrong, thus
criminal
intention does
not arise.

7. Section 2(12) – defines child
A person who has not completed 18 years of age.

8. The fact that at the time of commission, the child was
below 7 is ipso facto (by the very fact or act) an answer
to the prosecution, the scope of immunity granted
under section 82 of IPC is wide enough to exempt a
child not only from prosecution for an offense under
IPC but also from the offenses under special as well as
local law, as explained in section 40 of IPC.

9. Case law
(section 83)

10. The defendant caught a child stealing a piece of wood from his
premises and gave him into custody.
However, the child was under the age of 7 years, and therefore he
was not held liable for the Offence.
MARSH VS LOADER (1863) 14 CBNS 535

12. 1. The act must be done by a child- 7-12 years of age
2. The child must not have achieved enough maturity of
understanding to judge the nature and consequences of
the act.
3. The incapacity must exist at the time of the conduct.
ESSENTIALS

13. Malice supplies age
Based on the principle,
‘the younger the child in age, the lesser the probability of
being corrupt’

14. Case laws
(section 83)

15. The Child between 7-12 years of age said to be doli capax
According to section 83, a child above seven years of
years of age can plead for the defense under this section
Offence. However, it is to be proved that the child has
maturity to judge the nature and outcomes of his actions

16. • An 11-year-old boy had picked up a knife and advanced towards the victim saying
that he would cut him to bits and did actually cut him.
• The court held the boy’s entire conduct led to the one inference which was, that
he knew, that the cut inflicted by the knife would effectuate(to make something happen) his
intention of hurting the victim.
• Defence, section 83, failed to protect him.
• He was held liable.
ULLA MAHAPATRA VS. THE KING AIR 1950 ORI 261, LQ/ORIHC/1950/32

17. the accused, a girl of 10 years of age, picked up a silver button worth eight annas and gave it to her
mother.
It was held that the girl was not liable for theft because the circumstances did not disclose that she
had attained sufficient maturity of understanding to judge the nature of her act.
MARIMUTH VS UNKNOWN

18. Age immunity
Child up to 7 years ABSOLUTE IMMUNITY
Child between 7- 12 years CONDITIONAL IMMUNITY
Child between 12- 18 - ???

19. Child of aged 12 – 18 are held liable under
the juvenile justice(care and protection of
children) act, 2015

20. Juvenile aged 16 – 18
Section-18(3) - Must be treated as adults –
heinous crimes

21. BURDEN OF PROOF
Section 105 of the Indian evidence act,
1872
Reads with
Section 6 of IPC
The child need not plead the defense under section 83, they need to
prove maturity only

23. Section 12 of JUVENILE JUSTICE ACT:-
Juvenile in conflict with law is not entitled to be released on bail solely on
the grounds of their juvenility.
Suraj Gupta thru his father v. the state of UP, 2018(183) AIC 880: 2018
ACrC 220: 2018(3) All Lj 31

24. • Allow the child to go home.
• The board can even direct a child to participate in group counseling and activities of a
similar nature.
• It can also issue an order that the child must perform community service under the
supervision of the organization and institution appointed by the board.
• The board can order the child or his parents or guardian to pay the fine, provided that if
the child is working the provisions of labor law are not violated.
• The board can allow the child to be released on probation for his good behavior and
• The board can direct the child to be released on probation of his good conduct under the
well-being supervision of a fit facility which will ensure good behavior and well-being of
the child for a period not exceeding 3 years.
• The board can even direct the child to be sent to a special home for not exceeding 3 years
in order to provide reformative services such as education, development of skills,
counseling, behavior modification therapy, and psychiatric support.
•Attend school
•Attend vocational training center
•Attend a therapeutic center.
Sec 18 – orders regarding child found to be
guilty

25. Section 18(3)
Where the board after preliminary assessment under sec 15
passes an order that there is a need for the trial of the said child
as an adult, then the board may order a transfer of the trial of
the case to the children’s court having jurisdiction to try such
offences.

28. THE PROTECTION OF
CHILDREN FROM SEXUAL
OFFENCES ACT, 2012

29. An Act to protect children from offences of and
provide for establishment of Specsexual
assault, sexual harassment, and
pornography ial Courts for trial of such
offences and for matters connected therewith or
incidental thereto.
PREAMBLE OF POCSO

30. whoever commits penetrative sexual assault on the child:-
• using deadly weapons, fire, heated substance, or corrosive substance,
• Grievous hurt or causing bodily harm or injury,
• Below 12 years of age,
• More than once or repeatedly,
• And attempts to murder the child,
• Knowing the child is pregnant,
• And makes the child strip or parade naked in the public,
• Or gang penetrative sexual assault on the child
SECTION 5

32. SECTION 9-
Aggravated sexual
assault (same as sec 5)