CRIMINAL LAW- I

SYNOPSIS

TOPIC: - COMPARATIVE STUDY OF INFANCY AS A DEFENCE IN U.K AND

INDIA

INTRODUCTION

Infancy as a defence is a form of defence ​that excuses a defendant falling within the
definition of an “infant” from criminal liability for their actions. The defence of infancy is
discussed in Ss. 82 and 83 of Indian Penal code and ​under the English common law the
defence of infancy was expressed as a set of presumptions in a doctrine known as doli
incapax.

STATEMENT OF PURPOSE

In recent times, there has been an increased involvement of infants/juvenile in the

commission of serious or heinous crimes such as murder and rape. Present law is inadequate
to deal with such situations. The researcher through this comparative study and with the help
of case law and relevant legislations will come up with possible suggestion/solutions to
further strengthen the rights of an infant/juvenile and how they can be protected in criminal
liability.

OBJECTIVES

1. To study Ss. 82 and 83 of Indian penal code under Indian criminal law and the
doctrine of ​doli incapax​ under the English common law.
2. To draw up similarities and differences between defence of infancy in both the
countries.
3. To study the policies of juvenile justice system in U.K and India.

RESEARCH METHODOLOGY
This study is comparative in nature. Secondary and electronic resources have been largely
used to gather information and data about the topic. Books, case laws and other reference as
guided have been primarily helpful in giving this project a firm structure.

Websites, articles, and law reports have also been referred.

Footnotes have been provided wherever necessary to acknowledge the same.

TENTATIVE CHAPTERIZATION

The entire research work will run into five chapters. The first one on Introduction brings out
the importance of the study and statement of problem. Chapter II will contain the objectives
of the study. Chapter III will be a methodological part of the study. Findings, Conclusions
and Suggestions for further Research will be presented in Chapter VI followed by
References.

SUBMITTED BY: -

Mansi Tekam

2016 BALLB 25