Incapable of malice, in this maxim, we shall connect the other maxim called ” Actus non facit reum nisi men’s sit rea”
This means if there is no intention in the committed act, then there is no offence committed. Thus is maxim Doli incapax give the conclusive presumption that has been adopted for the children below 7 years of age that they would never commit any offence.
The provision is given under section 82 of the Indian Penal Code, 1860.
