Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 21: Act of a child above seven and under twelve years of age of immature understanding.
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 of the nature and consequences of his conduct on that occasion.
Brief Detail
BNS Section 21 provides that an act committed by a child between seven and twelve years of age is not considered an offence if the child lacks sufficient maturity to understand the nature and consequences of their conduct. This provision aims to protect children with immature understanding from criminal liability.
Question & Answers
Q1: What is the age range mentioned in BNS Section 21?
A1: The age range mentioned in BNS Section 21 is above seven years and under twelve years.
Q2: Can a child between seven and twelve years be held liable for an offence under BNS Section 21?
A2: No, a child between seven and twelve years of age is not considered liable if they lack the maturity to understand the nature and consequences of their conduct.
Q3: What is the key factor in determining if a child’s act is an offence under BNS Section 21?
A3: The key factor is whether the child has attained sufficient maturity of understanding to judge the nature and consequences of their actions.
Example
A ten-year-old child takes an object from a store without paying. Under BNS Section 21, if it is proven that the child lacks the maturity to understand the consequences of stealing, their act would not be considered an offence.
Summary
BNS Section 21 provides immunity to children between seven and twelve years of age from criminal liability, provided they do not have the maturity to comprehend the consequences of their actions. This provision is designed to protect children with immature understanding from being punished for acts they cannot fully grasp.
