Act of a child above seven and under twelve of immature understanding
Section 83 of the Indian Penal Code, 1860 deals with act of a child above seven and under twelve of immature understanding. Nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion. 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 Repealed by section 358 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and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 above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.
Section 83, The Indian Penal Code, 1860 (Act 45 of 1860).
Now in the Bharatiya Nyaya Sanhita
BNS 21 Act of a child above seven and under twelve years of age of immature understanding Text carried over almost unchanged 96%
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 The repealed enactment still governs what happened while it was in force.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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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, at the time of doing it, by reason of unsoundness of mind, 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 83
What have the courts held on Section 83 of the Indian Penal Code?
Pankaj Kumar @ Pappu Singh @ Pankaj Prasad Singh and Anr. vs State of Bihar& ANR. (17 Nov 2014) is the leading judgment on this section among those set out below: Criminal processes were issued under this section by the trial court; the High Court set aside these processes. Another 1 judgment on this section is set out below. They run from 2003 to 2014.
How do I find court cases under Section 83 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 83, section 83 IPC, section 83 of the Indian Penal Code. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Pankaj Kumar @ Pappu Singh @ Pankaj Prasad Singh and Anr. vs State of Bihar& ANR. (17 Nov 2014).
What should I read with Section 83 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 21 (Act of a child above seven and under twelve years of age of immature understanding), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 83 of the Indian Penal Code come into force?
Section 83 of the Indian Penal Code, cited as IPC 83, 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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- 300. Murder1172 words
- 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.