IF some accused is of 7 yrs & 4 months of age he'll be in sec. 82 or sec 83 of IPC of India?see more?

Question

Assume some accused is 7 years & 4 months of age ; he wil be considered under section 82 of Indian Penal Code or
under section 83 of Indian Penal Code of India?

Answer 1

Chapter IV of the Indian Penal Code, 1860 which provides the general exceptions. Section 82 clearly provides Act of a child under seven years of age.--Nothing is an
Offence which is done by a child under seven years of age.
Section 83 clearly provides 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.
In this case the child is said to be of seven years & four months hence the provision of section 82 which clearly stipulates age of the child should be less then seven years but in such a case it has crossed seven years hence this case will be covered under section 83 of the Indian Penal Code & not under section 82 IPC.

Answer 2

The accused has to be considered under Sec 83 of IPC only. Section 82 expressly held that nothing is an offence which is done by a child under seven years of age. Hence if the accused child is above seven years of age he/she does not get the benefit of Section 82.

In this case, since the child is of 7 years and 4 months, he/she can take shelter under Section 83, which provides that nothing is an offence by a child below 12 years who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct.

Answer 3

accused of what? section 82 is under 7 and section 83 is from 7-12 I believe.