What if a child below seven years of age defames someone without knowing what he is saying?
Will he be held liable for tort? Who will pay the compensation? (parents?) According to Indian Penal Code 1860.
Best Answer:
whenever he swears punch, see and slap it until it says it no more.
he's fucking badass
Are you kidding? Blame a seven year old? A seven year old defame someone? Whoever he "defamed" needs a backbone transplant. Geez!
Hi In ur situation with the Indian Penal Code 1860 it states in clause 82 that No child can be charged with an offense if they are under 7 years old. In some other countries the age is 12 or 10, etc.......but yea i hope this help. So basically under 7 yrs old after they are not criminally responsible.
Nobody pays, because under the scenario you provided it would not be considered defamation. Defamation requires that one KNOWINGLY engender a FALSE statement with MALICIOUS INTENT in such a carriage that it causes IRREPARABLE damage to your reputation resulting in a financial loss. The rug rat didn't know what he be saying, therefore, he did not knowingly generate a false statement. Let's assume, however, that he did know. You're still out of luck unless you can show that he made the statement to cause you harm. Get past that highest hurdle and you're still left with the problem that most people aren't potential to believe the statement of a 7-year-old to the extent where it will cause such financial harm, nor is the 7-year-old expected to be in a forum where he can make a statement that will be widely hear and circulated. In short, the case presented would fail pretty much every test to qualify it as vilification. Kids say the darndest things....and there's not a darned thing you can do about it.



