N Sivananthan said Section 82 of the Penal Code provides that nothing done by children aged 10 and below can constitute a criminal offence.

“They are deemed not to understand the consequence of their actions,” said the senior lawyer, following a report that a six-year-old boy had driven a car that crashed into a lamp post in Langkawi last night.

However, he said Section 83 of the Penal Code treats children between the ages of 10 and 12 years differently.

“The prosecution must first prove that these children have attained sufficient maturity or understanding of the nature and consequence of their conduct,” he said.

A six-year-old boy was found to have driven a car without his parents’ knowledge when it was involved in an accident along Jalan Bukit Tangga in Langkawi at about 11.15pm on Tuesday.

Harian Metro quoted Langkawi police chief Shariman Ashari as saying the boy was believed to have driven the car for about 2.5km from his home in Kampung Padang Mengkuang before it skidded and hit a lamp post.

The boy was accompanied by his three-year-old sibling. They were reportedly heading to a nearby store to buy toys.

The boy suffered a forehead injury, but his sibling was unhurt.

Police said the case was being investigated under Section 43 of the Road Transport Act (RTA) 1987 for negligent or dangerous driving, and for child neglect under Section 31(1)(a) of the Child Act 2001.

Sivananthan said that at best, the police could only interview the boy in the presence of his parents or welfare officers for the purpose of bringing action against third parties.

Lawyer Baljit Singh said any investigation under the RTA into the action of the driver of the vehicle is a non-starter due to the age of the child.

“The law protects the child from any prosecution,” he said.

However, he said adults who have care of the two children may be investigated and prosecuted under the Child Act 2001 for exposing them in a manner likely to cause them physical or emotional injury.