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Question
Legal Principle: Nothing is an ‘offence’ if committed by a child below seven years of age. Fact Situation: Adil, aged six years, is a student of class one. He placed his sharpened pencil on the bench with its pointed end up when his classmate Ajay stood up to answer a question from the teacher. Ajay gets hurt when he sits on the pencil and Adil and his friends have a good laugh. Ajay’s father, on seeing his son injured when he returns home, wants action against Adil.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
Options
Adil has committed an ‘offence’.
Adil has not committed any ‘offence’.
Childish pranks cannot be investigated by the police.
The class teacher must be arrested.
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Solution
Adil has not committed any ‘offence’.
Explanation:
According to section 82 of the Indian Penal Code (IPC), nothing is an offence which is done by a child under seven years of age. Thus, anything done by Adil, who is 6 yrs old, cannot be termed as offence hence option (a) can be eliminated easily and "Adil has not committed any ‘offence’" seems to be most appropriate in relation to the given principle.
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