Legal expert says there is no case against 4-year-old boy who 'raped' classmate

As per Section 82 of the Indian Penal Code, nothing is an offence which is done by a child under seven years of age

Earlier this week, the Delhi police registered an FIR against a four-year-old boy for allegedly raping a female classmate inside the classroom as well as the washroom of a private school in west Delhi during school hours. However, the police are unsure about how to proceed with the case and are consulting legal experts.

We talked to a lawyer working for a private firm and he said that there was no possibility of a case being made against the boy as he was under seven years of age. He said,

The basic problem with filing a case against the offence is to show the intent of the accused. For someone who is not yet seven, it is very difficult to prove the intent under IPC Section 82.

Section 82 of the Indian Penal Code (IPC) states that nothing is an offence which is done by a child under seven years of age.

He also said that it was very difficult to make a case against the boy and if it did happen, it would be one of the rare cases.

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The girl’s mother also alleged that she approached the teachers but the school authorities ‘feigned ignorance’. The school’s lawyer denied the mother’s allegation of ayah not being present in the washroom. The legal expert said that the police can’t take a remedial course by going after the school authorities.

As the allegations can’t be proved (against the boy) so the lawyers can’t go after third parties.

When asked why the police even registered an FIR under the Protection of Children from Sexual Offences (POCSO) Act, he said,

FIR can be filed for the police to conduct its investigation. If, as per their investigation, the case is not made, the chargesheet won’t be filed.

The girl was rushed to the hospital when she complained of sporadic pain in her lower abdomen to her mother. The hospital confirmed it to be a case of sexual assault upon examination.

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