doli capax
A child is doli capax when the law treats him as capable of forming criminal intent. Under s.20 BNS (old s.82 IPC) a child under seven is absolutely incapable. Under s.21 BNS (old s.83 IPC) a child above seven and under twelve is liable only if he had attained sufficient maturity of understanding to judge the nature and consequences of his conduct; the prosecution must show this. A child of twelve or more is presumed doli capax.
Even a doli capax child under eighteen is tried not under the ordinary criminal process but under the Juvenile Justice (Care and Protection of Children) Act, 2015, which provides for inquiry by the Juvenile Justice Board.
Example
The eleven-year-old who planned the theft and hid the goods was shown to be doli capax under s.21 BNS.
In Indian law
- Sections 20 and 21 BNS (old ss.82 and 83 IPC)
- Juvenile Justice (Care and Protection of Children) Act, 2015