Tough CLAT UG Question - Abandonment of Child
criminal clat_ug advanced pyq_discussionMaine socha tha I understand Contract, and then the paper happened ๐. One question that still haunts me is: 'Is abandonment of a child a valid defence under Section 83 of the IPC?'
Section 83 says a child under 12 is presumed to be a minor. But, is abandonment a valid defence if the accused is a minor themselves? One student told me later that it's a tricky one. The correct approach is to break it down. First, understand Section 83. Then, read the IPC provisions (Section 300 and 302) related to culpable homicide and murder, respectively. Now, apply the defence of infancy (Section 82 IPC) to see if it applies in this scenario. If the accused is a minor and has abandoned the child, they might be able to escape liability. But, the question is tricky because it specifically asks about Section 83.