Section 21 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 21 of the Bharatiya Nyaya Sanhita (BNS), 2023, titled "Act of a Child Above Seven and Under Twelve Years of Age of Immature Understanding," addresses the criminal liability of children between the ages of 7 and 12.
📜 Section 21: Text
"Nothing is an offence which is done by a child above seven years of age and under twelve years of age, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion."
⚖️ Key Points
Age Range: Applies to children who are above 7 but under 12 years of age.
Mental Maturity: The child must lack sufficient maturity of understanding to comprehend the nature and consequences of their actions.
Criminal Liability: If a child in this age group lacks the required mental maturity, their actions are not considered offences under the BNS, 2023.
🔍 Context and Comparison
Equivalent to IPC Section 83: Section 21 of the BNS, 2023, mirrors the provisions of Section 83 of the Indian Penal Code, 1860, which also exempts children between 7 and 12 years of age from criminal liability if they lack sufficient understanding.
Emphasis on Mental Capacity: The focus is on the child's ability to understand the nature and consequences of their actions, rather than merely their age.
🧠 Purpose
This provision ensures that children who do not possess the mental maturity to understand the implications of their actions are not subjected to criminal liability. It aligns with the principle that young individuals should be treated with a focus on rehabilitation and education rather than punishment.
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