Doli incapax

Doli incapax describes a person, chiefly a young child, who is considered incapable of committing a crime because he cannot form the guilty mind the law requires. It rests on the principle actus non facit reum nisi mens sit rea: without a guilty mind there is no crime.

The BNS states the rule in two parts in its chapter on general exceptions. Section 20 (earlier Section 82 of the IPC) provides that nothing is an offence which is done by a child under seven years of age. This immunity is absolute, and no evidence of maturity can displace it. Section 21 (earlier Section 83 of the IPC) provides that nothing is an offence which is done by a child above seven and under twelve years of age who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct on that occasion. This immunity is qualified, and turns on the maturity of the particular child at the time of the act.

Because Sections 20 and 21 are general exceptions, Section 108 of the BSA places the burden of proving circumstances bringing the case within them on the accused, although proof of age under seven is usually simple. The test under Section 21 is maturity on that occasion, so the nature of the act, the child's conduct before and after it, and attempts at concealment are relevant.

The maxim must be distinguished from juvenile justice. A child who is not protected by Sections 20 and 21 can commit an offence, but if he is under eighteen he is dealt with as a child in conflict with law under the Juvenile Justice (Care and Protection of Children) Act, 2015, which governs procedure and outcome rather than capacity. Examiners test the age limits seven and twelve, the absolute and qualified nature of the two sections, and their IPC equivalents.