Indian Penal Code, 1860 · Chapter IV: General Exceptions
Section 83: Act of a child above seven and under twelve of immature understanding
The Indian Penal Code, 1860 was repealed and replaced by the Bharatiya Nyaya Sanhita, 2023 from 1 July 2024. It still applies to matters and proceedings from before that date, as the repealing law provides.
In plain words
Nothing done by a child above seven years of age and under twelve is an offence if the child has not yet attained sufficient maturity of understanding to judge the nature and consequences of their conduct on that occasion.
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 above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.
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 83 protects a child above seven and under twelve who has not attained sufficient maturity of understanding to judge the nature and consequences of their conduct on that occasion.
Key points
- Immunity is qualified: it depends on the particular child's maturity.
- Maturity is judged on that occasion, not in general.
- Conduct before and after the act, such as hiding the evidence or running away, is used to judge whether the child understood what they were doing.
- The burden is on the defence to show immaturity, under section 105 of the Evidence Act.
Section 82 compared
| Section 82 | Section 83 | |
|---|---|---|
| Age | Under 7 | Above 7 and under 12 |
| Nature | Absolute immunity | Conditional on immaturity |
| What must be shown | Age only | Age and lack of understanding |
Common mistakes
- Assuming every child under twelve is immune; between seven and twelve, immaturity must be shown.
Read with: Section 82 IPC, Section 21 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.