Doli incapax
| Literal meaning | Incapable of crime (of deceit) |
|---|---|
| Pronunciation | DOH-lee in-KAP-ax |
A person who is too young or too immature to understand the nature of the act is treated as incapable of committing a crime. The law does not hold a small child responsible.
Example
A five-year-old child picks up an item from a shop and walks out. No crime is committed because the child cannot form a guilty mind.
Statutory link
- Indian Penal Code, Section 82: nothing is an offence if done by a child under seven years (now Section 20 of the Bharatiya Nyaya Sanhita).
- Indian Penal Code, Section 83: an act by a child above seven and under twelve is not an offence if the child has not attained sufficient maturity (now Section 21 of the Bharatiya Nyaya Sanhita).
Exam tip
Asked with the age brackets in general exceptions.
Memory trick
Too small to know, too small to blame.
Key takeaway
A very young child is incapable of committing a crime.
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