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Test: Doli Incapax - Judiciary Exams MCQ


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15 Questions MCQ Test - Test: Doli Incapax

Test: Doli Incapax for Judiciary Exams 2024 is part of Judiciary Exams preparation. The Test: Doli Incapax questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Doli Incapax MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Doli Incapax below.
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Test: Doli Incapax - Question 1
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According to the legal principle of Doli Incapax, what is the primary reason children under the age of 7 are granted immunity from prosecution?

Detailed Solution for Test: Doli Incapax - Question 1
Children under the age of 7 are granted immunity from prosecution under the legal principle of Doli Incapax primarily because they lack the mental capacity to understand the consequences of their actions. This principle is based on the presumption that children at this age lack the cognitive development necessary to form criminal intent or mens rea, which is required for guilt in criminal cases.
Test: Doli Incapax - Question 2
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What aspect of children's mental development is highlighted as a reason for granting immunity under Doli Incapax?

Detailed Solution for Test: Doli Incapax - Question 2
Children under the legal principle of Doli Incapax are granted immunity from prosecution primarily due to their lack of criminal intent resulting from cognitive limitations. Their underdeveloped mental capacity, particularly in understanding the consequences of their actions, is a crucial factor in determining their immunity from criminal responsibility.
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Test: Doli Incapax - Question 3
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What is the age limit for Doli Capax according to the Indian Penal Code?

Detailed Solution for Test: Doli Incapax - Question 3
The age limit for Doli Capax under the Indian Penal Code is set at below 7 years. This means that children below this age are deemed incapable of understanding the consequences of their actions and are therefore exempt from criminal liability.
Test: Doli Incapax - Question 4
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Why are children below the age limit of Doli Capax exempt from criminal liability?
Detailed Solution for Test: Doli Incapax - Question 4
Children below the age limit of Doli Capax are exempt from criminal liability because they are deemed to lack the mental capacity to fully understand the consequences of their behavior. This exemption is based on the concept that at such a young age, children are not fully capable of comprehending the implications of their actions within the legal system.
Test: Doli Incapax - Question 5
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What principle does Doli Capax reflect in Indian law?
Detailed Solution for Test: Doli Incapax - Question 5
Doli Capax reflects the principle of incapacity in Indian law. This principle recognizes that children below a certain age, in this case, below 7 years, are considered incapable of understanding the consequences of their actions and therefore are not held criminally responsible for their behavior.
Test: Doli Incapax - Question 6
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How does the concept of Doli Capax contribute to the Indian legal system's approach to juvenile offenders?
Detailed Solution for Test: Doli Incapax - Question 6
The concept of Doli Capax contributes to the Indian legal system's approach to juvenile offenders by exempting children below a certain age, typically below 7 years, from criminal liability. This exemption is based on the understanding that at such a young age, children lack the capacity to fully grasp the consequences of their actions, emphasizing a more rehabilitative and protective approach towards juvenile offenders.
Test: Doli Incapax - Question 7
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What does Section 82 of the Indian Penal Code (IPC) provide regarding criminal liability for children under 7 years of age?
Detailed Solution for Test: Doli Incapax - Question 7
Section 82 of the IPC grants absolute immunity to children under 7 years of age, exempting them from being held guilty of any offense. This immunity extends not only to offenses under the IPC but also covers local and special laws. It is based on the notion that children below the age of 7 are deemed incapable of understanding right from wrong, thus absolving them of criminal liability.
Test: Doli Incapax - Question 8
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What criterion determines whether a child aged above 7 and below 12 years receives partial immunity under Section 83 of the Indian Penal Code (IPC)?
Detailed Solution for Test: Doli Incapax - Question 8
Section 83 of the IPC provides partial immunity to children aged above 7 and below 12 years if they lack the maturity to comprehend the nature and consequences of their actions. Various factors, such as the nature of the act and the child's behavior, are considered to assess the child's level of understanding. This legal provision aims to account for the developmental differences among children within this age group.
Test: Doli Incapax - Question 9
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What is the primary distinction between absolute immunity under Section 82 and partial immunity under Section 83 of the Indian Penal Code (IPC)?
Detailed Solution for Test: Doli Incapax - Question 9
The key difference between absolute immunity under Section 82 and partial immunity under Section 83 of the IPC lies in the nature of understanding required. While children under 7 years are granted absolute immunity due to being considered incapable of understanding right from wrong, children aged above 7 and below 12 may receive partial immunity if they lack the maturity to comprehend the nature and consequences of their actions. The distinction emphasizes the varying levels of cognitive development considered by the law in determining children's criminal liability.
Test: Doli Incapax - Question 10
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In the case of Hiralal Mallick v. State of Bihar (1977), what was the initial charge against Hiralal and his brothers before it was modified by the High Court?
Detailed Solution for Test: Doli Incapax - Question 10
In the case of Hiralal Mallick v. State of Bihar (1977), the initial charge against Hiralal and his brothers was under Section 302 of the Indian Penal Code (IPC). This charge was later modified to a lesser offense under Section 326 IPC by the High Court. Section 302 of the IPC pertains to punishment for murder.
Test: Doli Incapax - Question 11
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What was the outcome of the Supreme Court's decision regarding Hiralal's conviction in the case of Hiralal Mallick v. State of Bihar (1977)?
Detailed Solution for Test: Doli Incapax - Question 11
The Supreme Court upheld Hiralal's conviction in the case of Hiralal Mallick v. State of Bihar (1977). The court emphasized Hiralal's understanding of the consequences of his actions despite his age, highlighting the individual assessment required in cases involving group criminal activities and the application of the Doli Incapax maxim.
Test: Doli Incapax - Question 12
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What approach did the court emphasize in reducing Kakoo's sentence in the case of Kakoo v. The State of Himachal Pradesh (1976) SC?
Detailed Solution for Test: Doli Incapax - Question 12
The court, in the case of Kakoo v. The State of Himachal Pradesh (1976) SC, emphasized a reformative and humanitarian approach when reducing Kakoo's sentence. This approach focused on the rehabilitation and reformation of juvenile offenders, taking into account their age and the principles of Doli Incapax.
Test: Doli Incapax - Question 13
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What is the primary objective of the Doli Incapax principle in the legal realm?
Detailed Solution for Test: Doli Incapax - Question 13
The Doli Incapax principle plays a vital role in safeguarding children from being held criminally liable by granting complete immunity to those below the age of 7. This principle recognizes that young children lack the mental capacity to comprehend the consequences of their actions fully. It aims to shield them from any criminal accountability until they reach a certain age where they can be more aware of their actions and their implications.
Test: Doli Incapax - Question 14
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Under what circumstances was the child acquitted in the Shyam Bahadur Koeri v. State of Bihar case?
Detailed Solution for Test: Doli Incapax - Question 14
In the Shyam Bahadur Koeri v. State of Bihar case, the child was acquitted for not reporting a found gold plate under the provisions of Section 82 of the IPC. This acquittal was based on the recognition of the child's doli incapax status, which acknowledges that children under a certain age lack the capacity to understand the legal implications of their actions fully.
Test: Doli Incapax - Question 15
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What distinguishes the treatment of children below 7 years old from those aged between 7 and 12 under the Doli Incapax principle?
Detailed Solution for Test: Doli Incapax - Question 15
The Doli Incapax principle grants complete immunity to children below the age of 7, shielding them from any criminal accountability due to their lack of mental capacity to comprehend the consequences of their actions. For children aged between 7 and 12, the principle provides partial immunity, recognizing that they may not have reached an adequate level of maturity in understanding their actions.
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