Who Is A Minor?

In legal terminology, the term "minor" refers to an individual who has not yet attained the age of legal adulthood. The classification of an individual as a minor has significant implications for their rights, responsibilities, and protections under the law. In India, the legal framework governing the status of minors is comprehensive, encompassing various statutes that define and regulate their rights and obligations.

Definition Of A Minor In Indian Law

The primary statute defining a minor in India is the Indian Majority Act, 1875. Section 3 of this Act stipulates that:

A person is deemed to have attained majority at the age of 18 years.

However, if a guardian has been appointed by the court for the person's property or other matters under the Guardians and Wards Act, 1890, or if the minor is under the court's protection, the age of majority is extended to 21 years.

Specific Definitions In Other Laws

Different laws define a minor based on their context and purpose:

Indian Penal Code, 1860 (IPC): Criminal Responsibility

• Section 82 of the IPC states that a child below 7 years of age is deemed incapable of committing a crime, as they lack sufficient maturity of understanding.
• Children aged between 7 and 12 years are also presumed to lack the ability to understand the consequences of their actions unless proven otherwise.

Child Marriage Restraint Act, 1929 / Prohibition of Child Marriage Act, 2006

• A minor is defined as a boy below 21 years and a girl below 18 years under this law. This is to prevent early marriages and protect the interests of children.

Juvenile Justice (Care and Protection of Children) Act, 2015

• A minor, referred to as a "child" under this law, is someone below the age of 18 years.
• This Act further categorizes children into:
  • Children in Conflict with Law: Those accused of committing an offense below the age of 18.
  • Children in Need of Care and Protection: Vulnerable children requiring state intervention.

Hindu Minority and Guardianship Act, 1956

• A minor is defined as a person who has not completed the age of 18 years. This law primarily governs the guardianship of minors in Hindu families.

Contract Act, 1872

• Section 11 of the Contract Act specifies that a person must be of the age of majority (18 years) to enter into a valid contract. A contract with a minor is void-ab-initio (invalid from the beginning).

Labour Laws

• Under the Child Labour (Prohibition and Regulation) Act, 1986, a child is defined as a person below 14 years. The amended version, the Child and Adolescent Labour (Prohibition and Regulation) Act, 2016, prohibits the employment of adolescents (14 to 18 years) in hazardous industries.

Indian Succession Act, 1925

• Defines a minor as a person under the age of 18 years, concerning matters of inheritance and will execution.

Implications Of Minor Status

The classification of an individual as a minor has profound implications across various legal contexts, affecting their rights, responsibilities, and the protections afforded to them. Here are some key areas impacted by minor status:

1. Legal Capacity and Contracts:
   • Contractual Capacity: Under the Indian Contract Act, 1872, a contract entered into by a minor is void ab initio (void from the beginning). Minors are considered incapable of giving valid consent for contractual obligations, ensuring their protection from exploitation.
   • Guardianship and Custody: The Guardians and Wards Act, 1890, and the Hindu Minority and Guardianship Act, 1956, govern the appointment and responsibilities of guardians for minors. The primary consideration in matters of guardianship and custody is the welfare of the minor.
2. Criminal Responsibility:
   • Juvenile Justice: Minors who come into conflict with the law are treated differently from adults. The Juvenile Justice Act provides for a separate legal framework, focusing on the rehabilitation and reintegration of juvenile offenders rather than punitive measures. Juvenile offenders are tried in Juvenile Justice Boards, and the emphasis is on their care and protection.
   • Doli Incapax: The concept of doli incapax (incapable of committing a crime) applies to children under the age of seven, as they are presumed to lack the mental capacity to commit an offense. For children between seven and twelve years, the prosecution must prove their capacity for criminal intent.
3. Marriage and Family Law:
   • Child Marriage: The Child Marriage Prohibition Act, 2006, seeks to prevent child marriages by setting the minimum age for marriage and imposing penalties for those who facilitate or conduct such marriages. The Act aims to protect minors from the adverse effects of early marriage.
   • Parental Consent: In matters of marriage, minors require parental consent, and any marriage involving a minor without such consent is considered voidable at the instance of the minor.
4. Education and Labour:
   • Right to Education: The Right of Children to Free and Compulsory Education Act, 2009, guarantees free and compulsory education to children between the ages of 6 and 14. This Act underscores the importance of education for minors and the state’s responsibility to ensure it.
   • Child Labour: The Child Labour (Prohibition and Regulation) Act, 1986, and the Child Labour (Prohibition and Regulation) Amendment Act, 2016, prohibit the employment of children below the age of 14 in hazardous occupations and processes. The legislation seeks to protect minors from exploitation in the workforce.
5. Property and Succession:
   • Inheritance Rights: Minors have the right to inherit property, but the management of such property is typically overseen by a legal guardian until the minor attains the age of majority.
   • Property Transactions: Minors are restricted from entering into property transactions on their own. Any sale, mortgage, or lease of property involving a minor requires the approval of a competent court.

Conclusion

The concept of a minor holds significant importance across various legal frameworks in India. Different laws, such as the Indian Majority Act, 1875, the Juvenile Justice Act, 2015, and the Child Marriage Prohibition Act, 2006, define a minor based on specific contexts like criminal responsibility, guardianship, marriage, and property rights. Understanding the legal implications of a minor's status ensures their protection from exploitation and ensures their rights are upheld in various legal matters, including contracts, criminal proceedings, and inheritance.

FAQs

A few FAQs are as follows:

Q1. Are contracts entered by minors legally binding?

No, contracts entered into by minors are considered void ab initio (invalid from the beginning) under the Indian Contract Act, 1872, to protect minors from exploitation.

Q2. How does the Juvenile Justice Act, 2015, treat minors in conflict with the law?

The Juvenile Justice Act, 2015, provides a separate legal framework for minors, focusing on their care and rehabilitation, rather than punitive measures. Juvenile offenders are dealt with by Juvenile Justice Boards.

Q3. Can minors inherit property?

Yes, minors have the right to inherit property, but the management of such property is typically overseen by a legal guardian until the minor reaches the age of majority.