Section 83 IPC: Act of a child above seven and under twelve of immature understanding

Indian Penal Code, 1860

Section 83 IPC at a Glance

Section 83 IPC deals with act of a child above seven and under twelve of immature understanding. From 1 July 2024 it is replaced by Section 21 BNS.

Punishment

None. Section 83 IPC creates no offence.

BNS Equivalent

Section 21 →

Section 83 IPC Bare Act Text

83. Act of a child above seven and under twelve of immature understanding
Nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.

Source: Section 83, Indian Penal Code, 1860

Section 83 IPC in Simple Words

Section 83 of the Indian Penal Code (IPC) protects a child above seven and under twelve years of age who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion. Nothing is an offence which such a child does.

Ingredients of Section 83 IPC

The act is done by a child above seven years of age and under twelve
The child has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct
That immaturity existed on that occasion, when the act was done

Punishment Under Section 83 IPC

Imprisonment

None. Section 83 IPC creates no offence.

Fine

None.

Section 83 IPC is a General Exception. It has no entry in the First Schedule to the CrPC.

Example of Section 83 IPC

In 2016 in Guwahati, an eight-year-old girl, Ananya Kalita, found a box of matches on a kitchen shelf in her uncle's house and lit a candle near a silk curtain, causing the fabric to catch fire and burn a wooden cabinet. At the time of the incident, Ananya Kalita was a child above seven years of age and under twelve, and she had not attained sufficient maturity of understanding to judge of the nature and consequences of her conduct on that occasion. Therefore, the act is not an offence because of Section 83 IPC.

When Section 83 IPC Does Not Apply

Section 83 IPC does not apply when the child is twelve years of age or older at the time of the act.
Section 83 IPC does not apply when the child is under seven years of age, as complete immunity under Section 82 IPC applies instead.
Section 83 IPC does not apply when a child above seven and under twelve has attained sufficient maturity of understanding to judge the nature and consequences of the conduct on that occasion.

Section 83 IPC in the BNS

Section 83 IPC is now covered under Section 21 BNS.

Section 21 BNS keeps the exception. Its heading and its text both say under twelve years of age where the IPC says under twelve.

View detailed comparison (IPC 83 vs BNS 21) →

FAQs on Section 83 IPC

What does Section 83 IPC say?▼

That nothing is an offence which is done by a child above seven years of age and under twelve who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.

Under Section 83 IPC, is every child between seven and twelve protected?▼

No. Only one who has not attained sufficient maturity of understanding on that occasion.

Under Section 83 IPC, what about a child under seven years of age?▼

Section 82 IPC protects such a child without any inquiry into understanding.

Is Section 83 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 83 IPC?▼

Section 21 BNS, which adds years of age after the word twelve.

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