Section 82 IPC: Act of a child under seven years of age

Indian Penal Code, 1860

Section 82 IPC at a Glance

Section 82 IPC deals with act of a child under seven years of age. From 1 July 2024 it is replaced by Section 20 BNS.

Punishment

None. Section 82 IPC creates no offence.

BNS Equivalent

Section 20 →

Section 82 IPC Bare Act Text

82. Act of a child under seven years of age

Nothing is an offence which is done by a child under seven years of age.

Source: Section 82, Indian Penal Code, 1860

Section 82 IPC in Simple Words

Section 82 of the Indian Penal Code (IPC) protects a child under seven years of age. Nothing is an offence which is done by such a child. The age is counted on the day the act is done, and no inquiry into the child's understanding is needed.

Ingredients of Section 82 IPC

  • The act is done by a child
  • The child is under seven years of age when the act is done

Punishment Under Section 82 IPC

Imprisonment

None. Section 82 IPC creates no offence.

Fine

None.

Section 82 IPC is a General Exception. It has no entry in the First Schedule to the CrPC.

Example of Section 82 IPC

In 2022 in Varanasi, a five-year-old girl, Meera Tiwari, visited a pottery exhibition with her grandmother. While walking past a wooden shelf, Meera Tiwari picked up a painted clay pitcher belonging to the stall owner, Sanjay Verma, and threw it onto the stone floor, smashing it into pieces. Even though breaking another person's property would ordinarily be mischief, Meera Tiwari was a child under seven years of age at the time she did the act. Therefore, the act is not an offence because of Section 82 IPC.

When Section 82 IPC Does Not Apply

  • Section 82 IPC does not apply when the child has already reached seven years of age at the time the act is committed.
  • Section 82 IPC does not apply when the child is above seven and under twelve years of age, as such a case is governed by Section 83 IPC instead.
  • Section 82 IPC does not apply to an adult who instigates or uses a child under seven years of age to commit an offence.

Section 82 IPC in the BNS

Section 82 IPC is now covered under Section 20 BNS.

Section 20 BNS keeps the exception in the same words.

View detailed comparison (IPC 82 vs BNS 20) →

FAQs on Section 82 IPC

What does Section 82 IPC say?▼

That nothing is an offence which is done by a child under seven years of age.

Does the child's understanding matter under Section 82 IPC?▼

No. The only test is age. A child under seven years of age is protected whatever the child understood.

Under Section 82 IPC, what about a child above seven years of age?▼

Section 83 IPC protects a child above seven and under twelve who has not attained sufficient maturity of understanding.

Is Section 82 IPC an offence?▼

No. It is a General Exception in Chapter IV, so an act within it is not an offence.

What is the BNS equivalent of Section 82 IPC?▼

Section 20 BNS, in the same words.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·