LEGAL PRINCIPLE: Acts done by children below 12 years of age are not offences if they are not mature enough to understand the nature and consequences of the acts.
FACTUAL SITUATION: Sahil, a child, of 10 years of age, finds a gold coin in his uncle's home. He gives the coin to his sister Rachna who is eight years old. The uncle reports the matter to the police. The police finds the gold coin kept in the toys of Rachna. Rachna tells the police that Sahil had given the coin to her.
DECISION will be ______.
LEGAL PRINCIPLE: Acts done by children below 12 years of age are not offences if they are not mature enough to understand the nature and consequences of the acts.
FACTUAL SITUATION: Sahil, a child, of 10 years of age, finds a gold coin in his uncle's home. He gives the coin to his sister Rachna who is eight years old. The uncle reports the matter to the police. The police finds the gold coin kept in the toys of Rachna. Rachna tells the police that Sahil had given the coin to her.
DECISION will be ______.
The correct option is C Neither Sahil nor Rachna is guilty of theft
The
principle says that a child below 12 years age is not guilty of any offence.
With the exception that a child might be guilty of committing an offence if he
is mature enough to understand the nature and consequences of the acts. Here,
Sahil is of 10 years that is below the age of 12 years. Therefore, the next
step must be to see whether he understands the nature and consequence of this
act of stealing the gold coin. Clearly, neither Sahil nor Rachna are mature
enough to understand the nature of their acts since, Sahil gave the coin to
Rachna who thought it to be one of her toys and places it with her other toys.
Henceforth, none of them is liable for offence.
The principle says that a child below 12 years age is not guilty of any offence. With the exception that a child might be guilty of committing an offence if he is mature enough to understand the nature and consequences of the acts. Here, Sahil is of 10 years that is below the age of 12 years. Therefore, the next step must be to see whether he understands the nature and consequence of this act of stealing the gold coin. Clearly, neither Sahil nor Rachna are mature enough to understand the nature of their acts since, Sahil gave the coin to Rachna who thought it to be one of her toys and places it with her other toys. Henceforth, none of them is liable for offence.
