Position and Legal Status of Minor in India | Criminal Law for Judiciary Exams PDF Download

Definition of a Minor

• A minor is an individual who lacks certain legal rights until they reach a specific age, typically considered to be 18 years old in India.
• Minors do not possess the full legal capacity that adults do, as they are still in the process of physical, mental, and emotional development.
• Upon reaching the age of majority, usually 18, minors are regarded as mature individuals capable of handling legal rights and responsibilities similar to adults.

Legal Rights of Minors

• Minors are not allowed to enter into contracts or transfer property.
• They are granted certain immunities under the Indian Penal Code.

Factors Influencing Maturity

• Maturity is not solely determined by age; some minors may exhibit more maturity than some adults.
• Every child is unique and may require different levels of support and understanding.

Basic Needs of Minors

• Children are entitled to equal treatment without discrimination based on factors like sex, race, caste, disability, or religion.

Examples

• For instance, a 16-year-old cannot sign a contract to purchase a car because they lack the legal capacity to do so. Similarly, a 17-year-old may not be able to own property in their name until they reach the age of majority.
• Consider a scenario where a 14-year-old wants to start a business. Due to their status as a minor, they would require a legal guardian or adult to oversee and manage the business on their behalf until they turn 18.

Legal Status of Minors

The legal status of minors encompasses various provisions and protections to ensure their well-being and rights are upheld. These provisions are designed to safeguard minors from exploitation and ensure their best interests are prioritized.

Position and Legal Status of Minor: According to Indian Contract Act, 1872

• Definition of a Minor according to the Indian Contract Act, 1872:
  • Under Section 3 of the Indian Contract Act, an individual who is a citizen of India and below 18 years of age is considered a minor.
  • Minors are not deemed competent to enter into contracts, as stated by this section.
• Competency of Parties in a Contract:
  • Section 2 of the Indian Contract Act specifies that parties entering into a contract must be competent.
  • Competency requires that individuals must not be of unsound mind, disqualified by law, or minors.
• Definition of a Minor under the Indian Majority Act, 1875:
  • The Indian Majority Act, 1875, defines a minor as a person who has not reached 18 years of age.
• Judicial Precedent Regarding Minor Agreements:
  • In the case of Mohri Bibi v. Damodardas Ghosh, the court ruled that agreements made by minors are entirely void.
  • Such agreements are void ab initio, and the court cannot enforce specific performance of contracts involving minors due to their void nature.

Position and Legal Status of Minor: According to Transfer of Property Act, 1882

• A minor, as per the Transfer of Property Act, lacks the capacity to enter into contracts. However, under this act, a minor can accept gifts of immovable property without the need for guardian intervention.
• Section 13 of the Transfer of Property Act, 1882, permits the transfer of property to an unborn child. This act defines an unborn child as one in the mother's womb.
• When transferring property to an unborn child, a life interest or life estate is established. The individual holding the life interest can enjoy the property on behalf of the unborn child but cannot transfer ownership.
• A minor has the ability to acquire immovable property using their own funds.

Position and Legal Status of Minor: According to Indian Succession Act, 1925

• Section 144 of the Indian Succession Act, 1925 allows for the establishment of a prior interest before an unborn individual can become the property owner.
• An individual can create an interest in a property in the name of an unborn child, but this interest can only be realized after the child is born alive.

Position and Legal Status of Minor: According to Indian Penal Code

• Children below 7 years old are completely exempt from criminal liability under Section 82 of the Indian Penal Code. They are considered incapable of understanding the nature and consequences of their actions.
• For children aged between 7 and 12 years, as per Section 83 of the Indian Penal Code, there is a partial defense based on their capacity to comprehend the nature and outcomes of their deeds.

Maturity of Understanding

• For children aged 7 to below 12 years, liability hinges on their level of maturity.
• Example: A 10-year-old child, like A, who cannot grasp the consequences of their actions, may not be held accountable. Conversely, a 9-year-old child, like B, who demonstrates understanding, can be liable. The assessment of maturity is contextual and varies on a case-by-case basis.
• Under the Indian Penal Code, if a child is between 7 and below 12 years, it must be proven that the child lacks adequate maturity or understanding of the offense committed.

Legal Precedents

• In the case of Krishna Bhagwan v. State of Bihar, it was established that a child who reaches the age of 7 during the trial or at the time of the verdict can be convicted if they comprehend the nature and consequences of the offense.
• Referencing the case of Marsh v. Loader, where a child under 7 was caught stealing and subsequently discharged due to age-related liability exemption.

Conclusion

• In India, individuals under 18 are generally considered minors due to their perceived inability to grasp the ramifications of their actions and their lack of maturity.
• While maturity isn't solely determined by age, certain rights are universally inherent to all children, such as the right to life, as enshrined in Article 21 of the Indian constitution.
• Minors are entitled to a safe environment, proper nutrition, healthcare, and education without discrimination based on sex, race, caste, disability, or religion.