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The maxim of 'doli incapax' under the Indian Penal Code is an exception to criminal liability in which of the following Sections?
Question

The maxim of 'doli incapax' under the Indian Penal Code is an exception to criminal liability in which of the following Sections?

A.

Section 80

B.

Section 82

C.

Section 83

D.

Section 88

Correct option is B

The correct answer is (b) Section 82. Explanation:
· Section 82 of the Indian Penal Code (IPC): This Section embodies the principle of 'doli incapax,' which means 'incapable of crime.' It states that nothing is an offense which is done by a child under seven years of age. This legal doctrine is based on the assumption that children below a certain age lack the capacity to understand the nature and consequences of their actions, and therefore, cannot be held criminally liable.
Information Booster:
· Doli Incapax: A Latin term meaning 'incapable of evil.' It refers to the presumption that a child is not capable of forming the intent necessary to commit a crime.
· Section 82, IPC: States that children under the age of seven are presumed to be incapable of committing a crime, and therefore, cannot be held liable for their actions.
· Section 83, IPC: Extends this protection to children between the ages of seven and twelve, but with the qualification that they may be held liable if it is proven that they had sufficient maturity to understand the nature and consequences of their actions.
Additional Information:
· Section 80, IPC: Relates to accidents in doing a lawful act and does not specifically address the capacity of children.
· Section 88, IPC: Deals with acts not intended to cause death, done by consent in good faith for a person's benefit.
· Juvenile Justice: The concept of 'doli incapax' is fundamental to juvenile justice, ensuring that children are treated differently from adults in the legal system.

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