Section 21 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 21 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the criminal liability of children aged between seven and twelve years. It states that no act committed by a child in this age group is considered an offence if the child has not attained sufficient maturity of understanding to judge the nature and consequences of their conduct at the time of the act.
This provision aligns with Section 83 of the Indian Penal Code (IPC), 1860, which similarly exempts children above seven and under twelve years of age from criminal liability if they lack the maturity to understand the nature and consequences of their actions. Therefore, the BNS retains the principle established in the IPC regarding the criminal responsibility of children in this age bracket
Section 21 falls under Chapter III: General Exceptions of the BNS, 2023, which outlines circumstances under which an act is not considered an offence, such as acts committed by children, individuals of unsound mind, or under intoxication. This chapter serves to define the boundaries of criminal liability and provides defenses against criminal responsibility.
In summary, Section 21 of the BNS, 2023, maintains the legal principle that children between the ages of seven and twelve are not criminally liable if they do not possess the maturity to understand the nature and consequences of their actions, consistent with the provisions of the IPC.
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