All India Bar Examination (AIBE) 17-XVII Previous Year Question Papers with Answers

The correct option is D: of above seven years of age but below twelve years not having attained sufficient maturity and understanding.

According to section 82 of the Indian Penal Code, nothing is an offence which is done by a child under seven years of age. This section follows the principle of doli incapax, which means that a child below the age of seven is incapable of forming the intent to commit a crime or tort. This is a complete defence and cannot be taken away in any circumstances.

According to section 83 of the Indian Penal Code, 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. This section follows the principle of doli capax, which means that a child above seven years of age and below twelve years of age can plead for the defence under this section if they commit any offence. However, it is to be proved that the child has not attained enough maturity to judge the nature and consequences of his actions on that occasion.

Therefore, an offence is punishable if it is done by a child of above seven years of age but below twelve years having attained sufficient maturity and understanding, as they are not covered by the general exceptions of section 82 and 83 of the Indian Penal Code.