Section 83 IPC- Gujarat High Court Quashes FIR For Rape Against 11 Year Old Boy

The Gujarat High Court while granting relief to a 11 year old minor who was accused of rape, has held that under 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, as he has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.

The Court was considering an Application seeking quashing of an FIR registered for the offences punishable under Sections 376, 354, 504 and 114 of the Indian Penal Code, 1860.

The Bench of Justice J.C. Doshi observed, "Therefore, even if it is an offence, it is proved that the child is more than 7 years of age and under 12 years and not attaining sufficient majority to understand the act which he is alleged to have done and consequences thereof."

The Applicant was represented by Advocate Virat G Popat, while the Respondent was represented by Advocate Tarjani K Anjaria.

Counsel for the Petitioner submitted that even if the FIR in question is taken as gospel truth, the Petitioner was aged 10 and 1/2 years at the time of the alleged incident. Submitting that the Petitioner cannot be more than 11 years at the time of the alleged incident, he referred to Section 83 of the IPC as well as the judgment of the Apex Court in Hiralal Mallick Vs. State of Bihar (1977) to submit that if the accused is less than 12 years, he cannot be treated as an accused inter alia on the ground of his lack of majority. He further submitted that there is no forensic intervention carried out to establish that he was major to understand the offence.

The Court agreed with the submission and ruled, "The FIR itself records that the petitioner was 11 years old at the time of incident. It is not the case of the prosecution that forensic test was carried out at the relevant time that whether the petitioner was though 11 years old at the time of alleged incident, was mature enough to understand the consequences of the alleged act. According to this Court, the PI, Bhaktinagar Police Station must not have knowledge of section 83 of the IPC or filing of FIR is in defiance of section 83 of the IPC. Under the circumstances, present petition requires consideration."

The Petition was accordingly allowed, and the FIR was quashed. The Court also directed that the name of the minor be removed from all records. 

Cause Title: ABC vs. State of Gujarat & Anr.

Appearances:

Applicant- Advocate Virat G Popat

Respondent- Advocate Tarjani K Anjaria, Additional Public Prosecutor Chintan Dave

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