Act of a child above seven and under twelve of immature understanding

An act by a child older than seven but under twelve is not an offence if, on that occasion, the child has not attained sufficient maturity to judge the nature and consequences of the conduct. The test is the child’s mental maturity at that specific moment. If the child could judge the consequences, normal criminal liability may apply.

Rohan, aged nine, takes a neighbour’s bicycle because he thinks it was abandoned and does not realise this amounts to theft. Since Rohan on that occasion lacked the maturity to judge the nature and consequences of his act, his conduct would not be treated as an offence under this rule.