Sections 82 and 83 of the Indian Penal Code, 1860 deals with general exception of infancy. Section 82 says that nothing is an offence which is done by a child under seven years of age. Section 83 says that nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.
Thus it can be seen that Section 82 has no condition laid down for its application while section 83 has some conditions. In section 82 there is presumption that the child under seven years is not capable to judge the consequences and nature of his act. Hence he is not attached with criminal liability. In section 83 the case is of a child above seven years of age and under twelve years of age. Generally he is absolved from liability but if it is proved that he has attained sufficient maturity to understand the nature and consequences of his act, he can be made liable.
The point of sufficient maturity can be arrived at after considering the previous act, conduct etc of the child and the words spoken relating to the offence etc. If an adult uses the child to commit any crime, he will be made liable as an abettor.