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Section 20 of BNS is part of CHAPTER 3 GENERAL EXCEPTIONS in Bharatiya Nyaya Sanhita 2023 Act. It recognises a fundamental principle in criminal law regarding the capacity for culpability. Nothing which is done by a child under seven years shall be considered an offence. It reveals a very humane approach of understanding how children develop: children belonging to this category are held generally incapable of forming the required intent or mens rea to commit any crime.
In exempting young children from criminal liability, it is the primary emphasis laid by this section on protecting and nurturing the innocence in children, alongside the imperative for a care-giving structure that serves for rehabilitation, not punishment. The law provides this balance between the safety of the society and the idea that children are in the formative stages of their moral and cognitive development.
Nothing is an offence which is done by a child under seven years of age.
This provision serves as a basis to regard that such children cannot really understand the consequences of their acts or form the needed intent to commit a crime.
Capacity for Culpability: A child who is under seven years is deemed incapable of criminal responsibility. Since it is assumed that the cognitive as well as moral development of such children are not mature enough to be capable of fully understanding the consequences of their actions, the law holds them incapable of criminal responsibility.
Importance Over Imprisonment and Counseling: This section emphasises protection of their innocence and, above all, guidance rather than criminal liability and subjection of young children. The nurturing environment for kids learning and growing must be enhanced, devoid of the consequences of legal implications for minor deeds.
Legal Framework for Young Offenders: The law provides a better understanding of how a child develops and the appropriateness of the intervention in consideration of education and support, as it excludes criminal accountability for children below seven years old. It makes rehabilitation much more prominent than punishment.
Example
In the absence of particular examples in the section, the lesson it teaches can be derived through examples. For example, if a five-year-old child broke the window of his neighbour while playing, that would not be considered as an offence under Section 20. He is watched on his developmental stage without intention and malice on his part. That is why it has to be taught over being penalised.
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In a way, Section 20 demonstrates a benevolent approach to law where the welfare and development of children come first as this is an innocent child who needs support from society.
Disclaimer: The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
This section outlines the key differences between Section 20 of the Bharatiya Nyaya Sanhita and its equivalent to IPC Section 82, focusing on their distinct approaches.
BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
---|---|---|---|
20 | Act of a child under seven years of age. | 82 | No change. |
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
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