BNS Section 20: Act of a Child Under Seven Years of Age
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.
Definition of BNS Section 20
Nothing is an offence which is done by a child under seven years of age.
Explanation and Illustration of Section 20 (Bharatiya Nyaya Sanhita, 2023)
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.
,br>
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.
Key Points of BNS 20
Differences Between Section 20 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 20 of the Bharatiya Nyaya Sanhita (BNS) 2024 and its equivalent Indian Penal Code (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. |
Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?
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:
- Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business.
- Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take.
- Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation.
- Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.
FAQs about Section 20 of the Bharatiya Nyaya Sanhita (BNS)
What offense is defined under BNS 20?
BNS Section 20 pertains to acts committed by a child under seven years of age, indicating that such children are not held criminally liable for their actions.
Which chapter of the Bharatiya Nyaya Sanhita 2023 includes Section 20 of the BNS?
Section 20 of the BNS is part of Chapter III, which addresses general exceptions in the Bharatiya Nyaya Sanhita 2023 Act.
What is the significance of Section 20 in relation to juvenile justice?
Section 20 is significant as it acknowledges the developmental stage of young children, ensuring they are not subjected to criminal liability for actions they may not fully understand.
How does Section 20 interact with the concept of culpability?
Section 20 establishes that children under seven lack the mental capacity to form criminal intent, thereby exempting them from legal responsibility.
Are there any exceptions to the provisions of Section 20?
Generally, there are no exceptions within this section for children under seven; however, the broader legal context may consider the actions of older minors differently.
Can Section 20 be used in legal defenses involving older children?
No, Section 20 specifically applies to children under the age of seven. Legal considerations for older minors would fall under different provisions related to juvenile justice.
Who does Section 20 apply to?
Section 20 applies to children who are under seven years of age.
