Indian Penal Code, 1860 · Chapter IV: General Exceptions
Section 82: Act of a child under seven years of age
The Indian Penal Code, 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
In plain words
Nothing done by a child under seven years of age is an offence.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Read the in-depth explanation, with key Supreme Court rulings ↓
Official text
Nothing is an offence which is done by a child under seven years of age.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here.
Understanding this section
Section 82 gives absolute immunity to a child under seven: nothing such a child does is an offence. The law presumes conclusively that a child of that age cannot form a guilty mind.
Key points
- The presumption is conclusive; no evidence of maturity can displace it.
- Only proof of age is needed. Once the child is shown to be under seven, the inquiry ends.
- Others who use the child as an innocent agent remain liable as principals.
Children above seven
For children between seven and twelve, section 83 applies and immunity depends on maturity. Children who are prosecuted are in any case dealt with under the Juvenile Justice (Care and Protection of Children) Act, 2015, which governs procedure and outcomes for anyone under eighteen.
Common mistakes
- Confusing the age of criminal responsibility (seven) with the juvenile justice age (eighteen); they answer different questions.
Read with: Section 83 IPC, Section 20 BNS
Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.