criminalLatin origin
Doli Incapax
/DOH-lee in-KAY-paks/
Incapable of crime — the presumption that young children cannot form criminal intent and are not criminally liable.
Full Definition
Doli incapax (Latin: 'incapable of crime') reflects society's recognition that young children do not appreciate the nature and consequences of their acts. IPC Section 82 creates an absolute doli incapax for children under 7. Section 83 creates a rebuttable presumption for ages 7–12.
In Indian Law
IPC Section 82 / BNS Section 20: absolute immunity for under-7. IPC Section 83 / BNS Section 21: ages 7–12, prosecution must prove sufficient maturity. The Juvenile Justice Act 2015 provides reformative rather than punitive justice for all under-18, with an exception for 16–18 year olds in heinous offences.