A child of 9 years of age stole a gold necklace and immediately afterwards sold it to the accused. Is…

Under section 83 of the IPC, a child above seven and under twelve is exempt only if he has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct. In The Queen v Begarayi Krishan Saranu (1883), a nine-year-old's immediate sale of a stolen necklace showed that maturity, so "The child is guilty as he has attained a sufficient maturity of understanding to judge the nature and consequences of his conduct on that occasion". Being under twelve is not by itself an exemption.

Current law: BNS section 21 retains the above-seven/under-twelve maturity exception. Children's criminal capacity must also be distinguished from the separate juvenile-justice procedure. BNS commenced on 1 July 2024 subject to section 358 savings.