Section 20 of the Bharatiya Nyaya Sanhita (BNS), 2023
Certainly! Here's a detailed explanation of Section 20 of the Bharatiya Nyaya Sanhita (BNS), 2023:
๐ Section 20: Act of a Child Under Seven Years of Age
Text:
"Nothing is an offence which is done by a child under seven years of age."
โ๏ธ Purpose and Rationale
Section 20 of the BNS, 2023, establishes a fundamental principle in criminal law regarding the capacity for culpability. It recognizes that children under the age of seven are legally incapable of committing a criminal offence. This provision acknowledges the developmental stage of young children and their inability to understand the nature and consequences of their actions.(
๐ Key Points
Age Threshold for Criminal Responsibility:
Children under the age of seven are presumed incapable of committing a criminal offence.
Incapacity to Form Criminal Intent (Mens Rea):
At this age, children are considered legally incapable of forming mens rea, the mental state required to commit a crime.(
Complete Immunity from Criminal Liability:
The law provides absolute immunity from criminal prosecution for children under seven, regardless of the nature or outcome of their actions.
Focus on Rehabilitation:
Instead of criminal liability, the emphasis is on guidance and rehabilitation through non-punitive measures, such as counseling and family support
Alignment with Juvenile Justice Principles:
This provision aligns with juvenile justice principles that prioritize rehabilitation and acknowledge that very young children lack the developmental capacity for criminal accountability.
๐ Comparison with Indian Penal Code (IPC)
Section 20 of the BNS, 2023, mirrors Section 82 of the Indian Penal Code (IPC), 1860, which similarly provides that nothing is an offence which is done by a child under seven years of age. This continuity ensures consistency in the legal framework while modernizing and consolidating the provisions related to offences.(
๐งพ Summary
Section 20 of the BNS, 2023, ensures that children under the age of seven cannot be held criminally liable for their actions. This provision reflects a compassionate and developmental approach, recognizing that young children do not possess the mental or moral capacity to bear legal responsibility. The focus is on protection, guidance, and rehabilitation, rather than punishment.
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