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| ' A’ an adult in order to kill ‘B’, instigates a child ‘C’ of below 7 years to do an act which causes B’s death. The child is arrested by the police and produced before the court which ordered to release him immediately. The Judge applied which of the following legal maxim in this case? |
Doli Incapax De Die in Diem Ad valorem Ejusdem Generis |
| Doli Incapax |
| Doli Incapax: It literally means 'incapable of wrong or 'incapable of doing harm. It is a principle that deals with the protection of children from criminal liability. In a Legal sense, both boys or girls under the age of 7 are held to be infants and cannot be charged for a crime as it is a defect of understanding in regard to what is a crime or what is not a crime. In other words, they are under a natural disability from distinguishing what is good and what is bad and are immune from punishment under English and Roman Law. ' A’ an adult in order to kill ‘B’, instigates a child ‘C’ of below 7 years to do an act which causes B’s death. Here, the child will not be liable for any crime as he is a “doli incapax”. However, A will be held liable for murder of B. ‘X’ an adult instigates a child ‘Y of 7 years to burn a dwelling house. Y without knowing the consequences of his actions burns the house. Here Y cannot be held liable under this principle. |
