A, a child aged about 5 years throws a stone on B. Stone hits the head of B and B as a result receives grievous injuries on the head. Has A committed any offence? Give reasons in support of your answer.

Question: A, a child aged about 5 years throws a stone on B. Stone hits the head of B and B as a result receives grievous injuries on the head. Has A committed any offence? Give reasons in support of your answer. [RJS 1986]

Find the answer to the mains question only on Legal Bites. [A, a child aged about 5 years throws a stone on B. Stone hits the head of B and B as a result receives grievous injuries on the head. Has A committed any offence? Give reasons in support of your answer.]

Answer

Under Section 82 of IPC, a child below 7 years of age is regarded as ‘doli incapax’ (A person unable to have wrongful intention). The section as follows- nothing is an offence which is done by a child under seven years of age.

In Marsh v. Loader [(1863) 14 CBNS 535], a child was caught stealing a piece of wood from the premises of the defendant but was discharged on the basis that he was under 7 years of age.

In the present problem, child A aged 5 years who causes serious injuries on the head of B is under seven years of age hence under the protection of Section 82. Thus, child A has not committed any offence in view of the law embodied in Section 82, IPC.

In this respect, it is also notable that a child below seven years is conclusively presumed to be a person unable to have ‘means rea’ (wrongful intention), and his every act is placed under the category of ‘no offence’.

Thus, A is not guilty of any offence, in the present case, even if he had caused the death of B.

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