Section 20 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 20 – Acts by Children Below Seven Years of Age
Summary:
Any act committed by a child under the age of seven years is not considered an offense under this section.
Key Points:
Exemption from Legal Liability:
A child below seven years cannot be held legally responsible for any act, even if harm results from it.
Lack of Mental Capacity (Mens Rea):
It is based on the principle that children under seven do not have the mental capacity to understand the nature or consequences of their actions.
Focus on Rehabilitation, Not Punishment:
The aim is to protect young children and focus on their guidance and rehabilitation instead of penalizing them.
Example:
If a 5-year-old child accidentally breaks a neighbor’s window while playing, the child will not be held criminally responsible.
Comparison with IPC:
This corresponds to Section 82 of the Indian Penal Code (IPC), which also exempts children below seven years from criminal liability.
Conclusion:
Section 20 prioritizes the protection and development of young children by acknowledging their limited understanding and ensuring they are treated with care rather than punishment.
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