Act of a child under seven years of age
Section 82 of the Indian Penal Code, 1860 deals with act of a child under seven years of age. Nothing is an offence which is done by a child under seven years of age. The Act came into force on 01 Jan 1862. Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
Nothing is an offence which is done by a child under seven years of age.
Section 82, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 20 Act of a child under seven years of age Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Vinay K. Sharma vs Union of India
Court's Decision & Legal Precedent
The age limit of 18 years fixed for treating persons as juveniles or children under the Juvenile Justice (Care and Protection of Children) Act, 2000, is constitutionally valid, based on sound principles of international law, the Constitution of India, and scientific data regarding brain and mental development of children. The Act's provisions providing rehabilitation and restorative justice for juveniles, including those convicted of heinous offences, do not violate Articles 14 or 21 of the Constitution. The classification of persons below 18 as juveniles has rational nexus with the object of providing rehabilitation and social reintegration rather than retribution. Changes to the Act should await sufficient data and evidence rather than being driven by exceptional cases, as the focus should be on proper implementation of existing provisions.
On this section: Section 82 provides absolute immunity for children under 7 years; Section 83 provides qualified immunity for children 7-12 years based on maturity; cited to compare age of criminal responsibility thresholds
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Pankaj Kumar @ Pappu Singh @ Pankaj Prasad Singh and Anr. vs State of Bihar& ANR.
Court's Decision & Legal Precedent
The High Court has the power to quash orders of subordinate courts issuing criminal processes when the petitioners provide an undertaking to appear before the concerned court and when the circumstances warrant such relief. The acceptance of such undertaking and the willingness of the accused to face the trial can be grounds for setting aside the processes.
On this section: Criminal processes were issued under this section by the trial court; the High Court set aside these processes
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Anandita Banerjee/court Onits Own Motion vs State
Court's Decision & Legal Precedent
The High Court, while exercising its writ jurisdiction in criminal matters, can direct the police to take appropriate action for the arrest of absconding accused and ensure that they are tried according to law, while also considering applicable provisions regarding criminal responsibility such as Sections 82 and 83 IPC.
On this section: Act of a person who, by reason of immaturity of understanding, is incapable of knowing the nature of the act or that he is doing what is wrong or contrary to law
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 82
What have the courts held on Section 82 of the Indian Penal Code?
Vinay K. Sharma vs Union of India (17 Jul 2013) is the leading judgment on this section among those set out below: Section 82 provides absolute immunity for children under 7 years; Section 83 provides qualified immunity for children 7-12 years based on maturity; cited to compare age of criminal responsibility thresholds. Another 2 judgments on this section are set out below, 1 of them from the Supreme Court. They run from 2003 to 2014.
How do I find court cases under Section 82 of the Indian Penal Code?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: IPC 82, section 82 IPC, section 82 of the Indian Penal Code. People searching for it also type ipc 82 and 83 in bns and ipc 82 and 83. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Vinay K. Sharma vs Union of India (17 Jul 2013).
What should I read with Section 82 of the Indian Penal Code, and has it changed?
3 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNS 20 (Act of a child under seven years of age), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 82 of the Indian Penal Code come into force?
Section 82 of the Indian Penal Code, cited as IPC 82, came into force on 01 Jan 1862, having been enacted on 06 Oct 1860. It is no longer in force.
Other sections of this Act
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- 378. Theft980 words
- 108. Abettor745 words
- 403. Dishonest misappropriation of property727 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 7b7d4fe6-206b-4e33-81f1-b98b018acaf6). This page is not a substitute for legal advice.