Raising the Bar: The Need for Increasing the Age of Criminal Liability under the Indian Penal Code, By

By : Advocate Silvy Sheetal

Abstract:

A pebble, when thrown in stagnant water, creates whirlpools that magnify and spreads across the water's surface. A thought, idea, or opinion when protruding towards a child's mind, magnifies with intensity. Each whirlpool may have a positive or negative impact on the child's mind which ultimately shows in their actions. Thoughts become things. The action of the child gets directed accordingly. The historical Indian penal code, of 1872 under its codified sections brings in stringent punishments for delinquents above the age of twelve when proven with a crime. Such actions have negative implications in the minds of the child and their future ahead. The paper elaborates on the confusion doli incapax creates when it comes to its application, also the various theories by socialists and thinkers on the cognitive growth of such children and the influence of society in the growth and experiences of a child. The actions of the delinquent do not receive an equal and opposite reaction rather the action of the state costs everything to the child. Based on the degree of their violence and patterns of behavior make these theories a strong piece to understanding the brain of a child. The age of criminal liability in India is less in comparison to many other countries that believe that adding a new leash to a child's life through help is better than years of imprisonment.

Keywords: doli incapax, criminal liability, cognitive growth, Indian Penal Code, punishment

Introduction:

Children develop with positive orientation. The way society deals with its children and minors reflects the morals of society.The concept of juvenile delinquency was established in the mid-19th century in Great Britain when courts had acquired the parens patriae to protect the rights of the children. Since the inception of time, children have been tried in the same court as that adults. It was in 1899 that the first Juvenile Justice Court came up in Chicago until the late 1830's there are instances of children being hanged to death and put behind bars. Juvenile Crime is not a new phenomenon, children do not realize the gravity of their actions it is a common implication that children and adults should be treated differently. Actus Reus Non-Facit Reus Nisi Mems Sit Rea is the maxim that determines culpability in cases to prove a criminal offense.

Current Age of Criminal Liability in India:

• Child under the age of Seven, Section 83 Indian Penal Code-

The section finds its presence under Chapter IV, General Exceptions. A child who is under the age of seven and has committed a serious offense will not be charged for the same. For a child who is considered naive such crimes will be considered to lack men's rea (guilty mind). The Doctrine of doli incapax, (incapable of wrong) states that a child below the age of seven is considered incapable of committing a crime for they are deemed to lack sufficient mental understanding and know the consequences of the actions and is deemed to be doli incapax. When the child cannot calculate the severity of his action he ultimate loss the men's rea for doing the particular act.

• Children above the age of seven years but below the age of twelve years-

Section 83 of the IPC states that "nothing is an offense which is done is done by a child above 7 the age of seven and under twelve years of age. The child is absolved from criminal liability owing to the fact that they lack understanding of their conduct and occasion. According to the Blacks' Law Dictionary infant means a person below the age of twenty-one years. But the age of criminal liability in India persists at 12. Children above the age of twelve in India may potentially be arrested, and detained in a place of safety till she attains the age of 21. Then the individual will be tried again as per section 20 of the Juvenile Justice. It is presumed by the law that children above the age of 12 are capable of committing crimes. For they have the amole amount of mental stability and understanding, regarding the severity of the issue.

The United Nations Committee on the Rights of the Child (CRC) has laid down the age limit for criminal responsibility as 18 years old. This means that individuals under the age of 18 cannot be held criminally responsible for their actions and should be treated as children in need of care and protection. In India, the age limit for criminal responsibility is different for different offenses. According to the Juvenile Justice (Care and Protection of Children) Act, 2000, a child is defined as anyone under the age of 18. However, for heinous offenses, the age limit is 16 years old. This means that individuals aged 16 and 17 can be tried as adults if they are accused of heinous crimes. In comparison, the age limit for criminal responsibility laid down by the CRC is higher than that laid down in India. The CRC advocates for the protection of children's rights and believes that individuals under the age of 18 should not be held criminally responsible for their actions. On the other hand, India has a lower age limit for heinous offenses, which allows for the possibility of children being tried as adults for certain crimes.

Countries that have a higher age limit for criminal responsibility than India may have different legal systems and social norms that prioritize the protection and rehabilitation of children. For example, in countries like Sweden, the age of criminal responsibility is 15 years old, but there is a strong emphasis on rehabilitation and re-education for juvenile offenders. This approach aims to address the underlying issues that led to the child committing a crime, rather than simply punishing them. Another example is Germany, where the age of criminal responsibility is 14 years old, but the justice system focuses on preventing recidivism and promoting the rehabilitation and re-socialization of juvenile offenders.

In both of these examples, the higher age of criminal responsibility allows for a more child-centered approach to juvenile justice. This can lead to better outcomes for children and a lower recidivism rate, ultimately making society safer.

Reasons for Increasing the Age of Criminal Liability:

The Doctrine of Doli Incapax is confusing as well as complex in nature when it comes to its age interpretation. Children grow and during the process get detached from their parents. Education is the key to teach the child to avoid all mayhem in their lives and also to take social responsibility if they commit an act. The child needs to be groomed and nurtured with values and habits so that he gains maturity in a positive direction. Every adult who commits a planned crime is well aware of the offense and jail term he might be sentenced to. But a child may not be aware that such a law book exists which has a comprehensive understanding of such other acts he is doing and can be tagged as criminal. Some experts have proposed increasing the age limit for these offenses to better reflect a current scientific understanding of child development and to ensure that children who commit offenses are not punished excessively.

One argument for increasing the age limit is that children under the age of seven do not have the cognitive capacity to understand the nature and consequences of their actions, and therefore should not be held legally responsible for them. Similarly, children between the ages of seven and twelve may have a limited understanding of the consequences of their actions and should not be held fully responsible for them. Another argument is that the current age limit does not take into account the varying developmental stages of children, and some children may not have reached the cognitive and emotional maturity necessary to fully understand the consequences of their actions. It is also suggested that increasing the age limit would align India with international standards and best practices, as many other countries have set their age limits for criminal responsibility at higher levels. However, it is important to note that increasing the age limit for these offenses would not mean that children who commit offences would go unpunished. Instead, alternative forms of rehabilitation and punishment, such as counseling and therapy, would be used to address the underlying causes of the child's behavior and prevent future offenses. Overall, increasing the age limit for offenses under articles 82 and 83 of the Indian Penal Code is a complex issue that requires consideration of scientific research, legal principles, and international best practices.

Additionally, having a higher age limit for criminal responsibility can also help to reduce the number of children in detention and prevent them from being exposed to the negative effects of being in adult prison, where they are more likely to be exposed to violence and abuse. Overall, a higher age limit for criminal responsibility may be beneficial for children and society as a whole by promoting rehabilitation and reducing recidivism.