BNS Section 21: Act of a Child Above Seven and Under Twelve Years of Age of Immature Understanding

Definition of BNS Section 21

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 the nature and consequences of his conduct on that occasion.

Explanation and Illustration of BNS Section 21

The principle of this section will be that a child cannot be held criminally liable when he does not reach the maturity level in order to understand the nature and consequences of their actions at this age.

This provision recognises the fact that children are still in developmental stages both in cognition and in emotions, which makes considering their understanding level critical for the determination of the appropriateness of their actions. Law reflects commitment to protection of the child against the tough impacts of criminal justice even as it provides for appropriate guidance and support.

Example:

For instance, a child of nine years of age may, in the play of baseball, throw the ball at a neighbour's window with no intent whatsoever. It is proved that the child did not understand what throwing the ball may lead to and intended nothing bad, then Section 21 comes into the equation. This would make the child free from the charges of causing harm because ignorance would absolve the criminal liability of a child.

This section further drives home the point that a child's maturity and understanding in legal matters have to be assessed, and this would suggest that law should nurture rather than punish, allowing room for growth and development in a safe environment.

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