BNS Section 21: Act of a Child Above Seven and Under Twelve Years of Age of Immature Understanding
Section 21 of BNS is part of CHAPTER 3 GENERAL EXCEPTIONS in Bharatiya Nyaya Sanhita 2023 Act. It deals with the legal status of children of the age group of seven to twelve years, in view of the principle that a person under criminal law cannot have an immature mind. The said provision postulates that a child who belongs to this age group is not said to have committed an offence if she or he is incapable of understanding the nature and consequences of their acts.
This section represents an empathetic understanding of childhood development: the acknowledgment of children being perhaps not intellectually and emotionally mature enough in order to decide. With this respect, the law keeps exempting those children from penal responsibility by keeping them at a more innocent position without simultaneously advocating for a new system founded on rehabilitation than on punitive justice. This strikes a balance between the imperative to protect society and an admission that children are still at critical stages of moral and cognitive development and deserve guidance and understanding that may be required to weather the formative period.
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 Section 21 (Bharatiya Nyaya Sanhita, 2023)
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.
Key Points of BNS 21
Differences Between Section 21 of BNS 2023 and its Equivalent IPC Section
This section outlines the key differences between Section 21 of the Bharatiya Nyaya Sanhita (BNS) 2024 and its equivalent Indian Penal Code (IPC Section 83), focusing on their distinct approaches .
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 21 | Act of a child above seven and under twelve of immature understanding. | 83 | No change. |
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FAQs about Section 21 of the Bharatiya Nyaya Sanhita (BNS)
What offence is defined under BNS Section 21?
Section 21 of the BNS pertains to the actions of a child who is above seven years and under twelve years of age, specifically addressing those with immature understanding.
Which chapter does Section 21 belong to in the Bharatiya Nyaya Sanhita 2023?
Section 21 is included in CHAPTER III, titled GENERAL EXCEPTIONS, of the Bharatiya Nyaya Sanhita 2023 Act.
How does Section 21 differentiate between children of various age groups?
Section 21 specifically focuses on children between the ages of seven and twelve, establishing criteria based on their understanding and maturity levels to determine legal responsibility.
What implications does Section 21 have for legal proceedings involving minors?
This section serves to recognise that children within the specified age range may not have the same level of culpability as older individuals, impacting how legal cases involving minors are handled.
Are there any other exceptions outlined in Chapter III of the BNS?
Yes, Chapter III outlines various general exceptions related to criminal liability, which may include aspects such as mental incapacity, intoxication, and other circumstances that can affect a person's legal responsibility.
What is the key factor in determining if a child's act is an offence under Section 21?
It is whether the child was mature enough to appreciate and realize the nature and the consequence of his actions.
What is the age range mentioned in Section 21?
This section specifies that age falls in the range from more than seven years but less than twelve years.
