INTRODUCTION

In Indian penal code there are various situations under which a person can be exempted from the
liability of their criminal acts. Such a exemption is known as a defence and every must have a
rational baking to its claim

In indian penal code defence of infancy is provided to those persons who are identified by the
legislature as unable to hold a mens rea to commit a crime Section(s) 82 and 83 if Indian Penal Code,
1860 deals with the defence of infancy. Doli incapax means incapable of crime forming a defence for
children that a child is incapable of crime. The basis of the presumption in doli incapax lies in the
theory of Criminal responsibility. Theory has been built upon the theory that a person should be held
criminally responsible only for acts he intends to commit. According to the English Law a child below
the age of ten years is considered as doli incapax. In Germany and Italy a child below thw age of 14 is
considered as doli incapax and Philipines a child below 9 years. n India, criminal law also
acknowledges an age line below which children are not truly capable of crime. Below the age of 7,
the Indian Criminal Procedure considers that children are incapable of having the required cognitive
and moral process to commit a crime. This is absolute immunity. Between the age of 7 and 12, the
CrPC provides for presumption of innocence in favour of children, but if the prosecution can prove
and provide evidence for the contrary then the child can be prosecuted. From 14 to 18 years a child
is liable only if he has an insight into both the legality and punishability of the act. A minor can be
tried as an adult only when a general test is done to ascertain whether the child had adequate
understanding of the consequences of his actions.