Children under seven cannot be called criminals: NCPCR
NEW DELHI: Children below seven years cannot be called as criminals, observed the National Commission for Protection of Child Rights (NCPCR) after a meeting with stakeholders in a consultation on child sexual abuse by teenagers.
The child rights body has noticed that there were reports that young children are being sexually abused or harassed by other youngsters also. In order to have a wider consultation with the concerned stakeholders, they held a consultation to develop a considered view and approach to the sexual behavior of children up to the age of seven years.
Yashwant Jain of the NCPCR stated that they have come across a case of sexual assault where the accused was below seven years. “The minor cannot be called as criminal and cannot commit any offence as they do not have such type of intent,” said Jain.
He further said there are chances if minors commit such act then there can be the possibility that the minor had faced some situation or been seeing the act. “The child should be counseled properly,” said Jain.
During the meeting, which was held on Thursday, lawyers, NGOS, WCD Ministry officials were present. Soon, the child rights body will come up with an advisory regarding the incident.
Section 34 of the POCSO Act stated that where any offence under this Act is committed by a child, such child shall be dealt with under the provisions of the Juvenile Justice Act.
The Commission also said that as per Section 82 of the Indian Penal Code Act, an act committed by a child below seven cannot be considered an offence.