PAPER ID: IJIM/Vol. 9 (XI) /March/50-57/8

AUTHOR: Dr. Rahul Goyat

TITLE : JUVENILE JUSTICE AND THE DOCTRINE OF DOLI INCAPAX: INDIAN LAW IN GLOBAL PERSPECTIVE

ABSTRACT: The idea of doli incapax, which states that minors below a specific age do not possess the mental capacity to establish criminal intent, is central to juvenile justice systems worldwide. This line of reasoning has its roots in English common law and states that, since they lack the mental capacity (mens rea), children cannot comprehend the ethical and legal ramifications of their acts. The Juvenile Justice (Care and Protection of Children) Act, 2015, in India recognises a differentiated strategy based on age and mental maturity. Nonetheless, there is considerable debate on the parameters and ongoing relevance of doli incapax, particularly in light of the evolving characteristics of juvenile delinquency, especially with older juveniles involved in heinous offences.

This paper examines the historical, philosophical, and legal underpinnings of the doctrine, its application in Indian courts, and its relevance in comparison with global practices. Through a doctrinal and comparative analysis, the study evaluates whether Indian juvenile law sufficiently upholds the rehabilitative ideals behind doli incapax or whether contemporary realities demand a calibrated reassessment.

KEYWORDS: Juvenile Justice, Doli  Incapax,  Indian Law

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