Haryana Judicial Service (Civil Judge) Prelims 2010 Previous Year Question Papers with MCQ Answers

The correct option is B: 6-years-old boy. The explanation is as follows :

According to Section 82 of the Indian Penal Code, 1860, nothing is an offence which is done by a child under seven years of age. This is based on the principle of doli incapaxwhich means incapable of crime. The law presumes that a child below the age of seven does not have the mental capacity to understand the nature and consequences of his or her actions, and therefore cannot be held liable for any offence.

Option A is incorrect because a 100-years-old man is not exempted from criminal liability by virtue of his age. He can still be held responsible for his actions if he has the requisite mens rea, or guilty mind, to commit an offence.

Option C is incorrect because a 12-years-old girl is not completely immune from criminal liability, but is subject to a rebuttable presumption of innocence. According to Section 83 of the Indian Penal Code, 1860, 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 the nature and consequences of his or her conduct on that occasion. This means that the prosecution has to prove that the child had the necessary mental capacity and knowledge to commit the offence, and the child can defend himself or herself by showing the lack of such capacity or knowledge.

Option D is incorrect because an 18-years-old girl is considered to be an adult in the eyes of the law, and is fully liable for any offence that she commits, unless she can prove any valid defence, such as insanity, intoxication, consent, etc.