Legal Provisions of Section 82 of Indian Penal Code, 1860.
Act of a child under seven years of age:
The section deals with the defence of infancy. A child below seven years of age has total immunity from prosecution. The law presumes such a child to be ‘doli incapax’. The word ‘offence’ used in this section has the same meaning as defined under section 40 of the Code. Consequently, such a child cannot be held guilty under the Indian Penal Code or any special or local law.
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However, if a specific Act makes a provision to the contrary, that provision will prevail over this general provision under this section because special law overrides the general law. For example, section 130, Indian Railways Act, 1890 deals with certain offences committed by children.