Correct option is D
The correct option is (d) irrebuttable presumption of law.
Explanation
The legal principle regarding a child below seven years of age is based on the maxim doli incapax, which means the child is "incapable of committing a crime." This is an irrebuttable presumption of law because:
- Presumption of Law: It is a rule created by legislation (found in Section 20 of the Bharatiya Nyaya Sanhita, 2023, and formerly Section 82 of the IPC). The law itself mandates that a child of this age cannot be held criminally responsible.
- Irrebuttable/Conclusive: Under the Bharatiya Sakshya Adhiniyam (BSA), 2023, a fact is considered "conclusive proof" (or irrebuttable) when the Court is not allowed to receive any evidence to disprove it once the underlying fact (the child's age) is established. In this case, once it is proven that the child is below seven, no amount of evidence showing their "maturity" or "intent" can be used to prosecute them.
Information Booster:
The BSA 2023 defines three degrees of presumptions that govern how courts handle facts:
| Type of Presumption | BSA 2023 Section | Court's Power |
| May Presume | Section 2(1)(h) | The Court may either regard the fact as proved or call for proof of it. It is a rebuttable presumption of fact. |
| Shall Presume | Section 2(1)(l) | The Court shall regard the fact as proved unless and until it is disproved. It is a rebuttable presumption of law. |
| Conclusive Proof | Section 2(1)(b) | The Court shall regard the fact as proved and shall not allow evidence to be given to disprove it. This is an irrebuttable presumption of law. |
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