An eight-year-old boy has been accused of allegedly stabbing his five-year-old younger brother to death in Tangi tehsil of Khyber Pakhtunkhwa’s Charsadda district. However, legal experts say that if the child is proven to have been under 10 years of age at the time of the incident, he will be exempt from criminal liability under Section 82 of the Pakistan Penal Code.

According to police, the eight-year-old brother emerged as a suspect during the initial investigation. During further questioning, he allegedly confessed to stabbing his brother. Police said the exact circumstances of the incident will become clear after the investigation is completed and all evidence is examined.

Tangi police station SHO Inspector Bismillah Jan told TNN that on September 30, a man identified as Muhammad Tufail filed a report stating that his five-year-old son was at home in the absence of his parents when unidentified people allegedly attacked him with a knife.

The injured child was shifted to a hospital, where he died three days later from his injuries.

Police initially registered a case under Section 324 of the Pakistan Penal Code.

According to the SHO, the victim’s eight-year-old brother was also present at home when the incident took place. In his initial statement, the boy said he was watching television in a room when he heard his brother screaming. He said he then came outside and saw unidentified people stabbing his brother before fleeing.

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Inspector Bismillah Jan said that while talking to the child at the crime scene, police noticed an injury on one of his fingers. The child said he had injured his finger in the morning while sharpening a knife with a stone. However, according to police, there was also a drop of blood on the child’s shoe.

The child explained that he had gone near his injured brother.

According to the SHO, during further questioning, the child allegedly confessed that he had stabbed his brother. He allegedly said that his brother had punched him a few days earlier and that he also felt that his parents loved his younger brother more than him.

Police said the investigation also revealed that the child played mobile phone games containing violent scenes.

Children’s rights expert Imran Takkar told TNN that the incident should not be viewed only as a murder case. He said factors such as children’s upbringing, the home environment, parental supervision and mental development should also be taken into consideration.

According to him, young children do not have fully developed understanding and decision-making abilities, and leaving them alone at home can sometimes lead to dangerous consequences. Parents should monitor their children’s behaviour, friends, activities and, particularly, their use of mobile phones.

Children’s rights activist and journalist Bushra Iqbal Hussain, who is based in Islamabad, described the incident as extremely tragic. She said inappropriate treatment of children, discrimination between them and making one child feel that another is preferred can create a sense of deprivation among them.

She said police should not rely solely on the child’s alleged confession and should conduct a complete investigation into all possible aspects of the incident. According to her, evidence should also be examined to determine whether the child was actually involved in the incident or whether another factor was behind it.

Bushra Iqbal Hussain said the possibility of sexual abuse or another crime should also be investigated on the basis of evidence.

Peshawar-based legal expert Saeedullah Khan Advocate said the child’s age was of fundamental legal importance in the case. He said that if a B-Form, birth record, school record or other legal document proves that the child was under 10 years of age at the time of the incident, Section 82 of the Pakistan Penal Code would apply.

According to him, following an amendment in 2016, Section 82 states that an act committed by a child under the age of 10 is not considered an offence. Section 83 deals with children between 10 and 14 years of age, where their understanding and mental maturity are taken into consideration.

Saeedullah Khan Advocate said that if the child’s age is proven to be below 10, he would not be subject to ordinary criminal liability. In such a situation, he said, placing the child in institutional custody would be less appropriate than handing him over to his parents or guardian, along with psychological assessment and social welfare supervision.

According to Tangi police, the child was presented before a child court, which handed him over to his parents. Further investigation into the incident is underway.

Police said the exact circumstances of the incident will become clear only after the investigation is completed and all evidence is brought to light.