Age under which child is considered incapable of committing an offence is –
Correct Answer: 7 years
Description: Ans. is 'b' i.e., 7 yearsCriminal responsibility and relevant sections under IPCSection of IPCRelated with82A child under the age ofseven is incapable of committing an offence. This is so because action alobe doesnot amount to guilt unless if is accompanied by a guilty mind. And, a child of that tender age cannot have a guilty mind or criminal intention with which the act is done. This presumption, however, is only confined to offenses under the IPC but not to other Acts, e.g., the Railway Act.83A child above seven and under twelve years of age is presumed to be capable of committing an offence it he has obtained sufficient maturity to understand and judge the nature and conse- quences of his conduct on that occasion. The lawr presumes such maturity in a child of that age unless the contrary is proved by the defence.89A child under 12 years of age cannot give valid consent to suffer any harm which can occur from an act done in good faith and for its benefit, e.g., a consent for an operation. Only, a guardian can give such consent.87A person under 12 years of age cannot give valid consent, whether express or implied, to suffer any harm which may result from an act no intended or not known to cause death or grievous hurt e.g. consent for a wrestling contest.84Nothing is an offence which is done by a person who at the time of doing it, by reason of unsoundness of mind, is uncapable of knowing the nature of act (i.e. it is wrong or contrary' to law).85,86Drunkness and criminal responsibility
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