Question

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 SITUATIONS: 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 conducts a search. During the investigation the police finds the gold coin kept in the toys of Rachna tells the police that Sahil had given the coin to her.
DECISION will be _____.

• A. Sahil is guilty of theft
• B. Rachna is guilty of theft
• C. Both Sahil and Rachna are guilty of theft
• D. Neither Sahil nor Rachna is guilty of theft

Answer 1

The correct option is D Neither Sahil nor Rachna is guilty of theft

Neither Sahil nor Rachna is guilty of theft. Since the legal principle says that any act done by children below 12 years of age are not offences with the exception that they should not be mature enough to understand the nature and consequences of their acts. Clearly, neither Sahil nor Rachna understands the consequences of their act and considers the gold coin as a toy rather than a thing of value. Thus, they do not fall under the exception of the Principle.