Introduction of BNS Section 20
BNS Section 20 addresses the legal responsibilities of children under the age of seven. This section provides clear guidelines on how the law views actions taken by very young children, recognizing their developmental stage and capacity to understand consequences. It establishes that children in this age group cannot be held legally accountable for their actions, emphasizing protection and education over punishment.
- Introduction of BNS Section 20
- What is section 20 of BNS ?
- BNS Section 20 in Simple Points
- Section 20 BNS Overview
- Bharatiya Nyaya Sanhita Section 20
- Bharatiya Nyaya Sanhita section 20
- BNS Section 20 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is section 20 of BNS ?
Section 20 of BNS outlines that any act committed by a child under seven years old is not considered a criminal offense. The law recognizes that children below this age do not possess the mental capacity to understand the consequences of their actions and, therefore, cannot be charged with a crime.
BNS Section 20 in Simple Points
“Nothing is an offence which is done by a child under seven years of age.”
(This corresponds to IPC Section 82, updated under BNS 2023.)
1. Meaning of Section 20
BNS Section 20 provides complete legal immunity to children under the age of seven. The law recognizes that children at such a young age do not have the mental maturity or understanding to differentiate between right and wrong. Therefore, they cannot be held criminally liable for their actions.
Example: If a 6-year-old child accidentally breaks a neighbor’s car window while playing, it will not be treated as a criminal offence.
2. Purpose of Section 20
The main purpose of this section is:
- To protect very young children from criminal prosecution.
- To ensure fairness in the justice system by recognizing their lack of understanding.
- To focus on guidance and parental supervision, rather than punishment.
3. Essential Ingredients of Section 20
For this section to apply, the following conditions must be satisfied:
- Age Factor: The child must be below 7 years of age.
- No Criminal Liability: Any act done by such a child cannot be treated as an offence.
- Universal Application: This rule applies regardless of the nature or seriousness of the act.
- Parental Role: Responsibility lies on parents/guardians to guide and supervise the child.
4. Punishment under BNS Section 20
- No Criminal Punishment: A child under seven cannot be punished for any act.
- Civil Liability Possible: Parents or guardians may be required to compensate for damages caused by the child.
5. Examples of BNS Section 20 in Action
- Example 1 – Mischief: A 5-year-old takes chocolates from a shop without paying. It is not theft under criminal law.
- Example 2 – Property Damage: A 6-year-old breaks a shop’s glass while playing cricket. The child cannot be prosecuted.
- Example 3 – Accidental Harm: A young child pushes another while playing, causing injury. It is not treated as an offence.
6. Importance of BNS Section 20
- Protects children from unfair prosecution.
- Encourages education and correction, not punishment.
- Updates IPC Section 82 with modern clarity under BNS 2023.
- Reinforces the principle that criminal intent (mens rea) cannot exist in very young children.
Section 20 BNS Overview
BNS Section 20 says that if a child under seven years old does something wrong, it is not considered a crime. The law understands that children this young do not have the ability to fully understand their actions, so they cannot be held responsible or charged with a crime.
BNS SECTION 20 : 10 Key Points
1. Legal Immunity
The law gives complete protection to children below seven years of age. This means no matter what act they do — whether it is breaking something, hurting someone, or even accidentally causing damage — it cannot be treated as a crime. The child cannot be arrested, tried, or punished in a criminal court.
2. No Criminal Intent (Mens Rea Absent)
Criminal law works on the principle that there must be a guilty mind (mens rea) behind a wrongful act. But children below seven are considered too immature to form such intent. For example, if a child throws a stone and it accidentally injures someone, the law does not see this as a “crime,” because the child does not have the mental ability to understand the seriousness of the act.
3. Protection of Innocence
At such a tender age, children are naturally innocent. They act out of curiosity, playfulness, or lack of understanding. This provision ensures that a young child’s innocence is not mistaken for guilt. Instead of punishing, the focus is on guiding and teaching the child.
4. Age Limitation (Below Seven Years)
The protection applies only until the child turns seven years old. The day the child crosses this age, the immunity no longer applies. For children above seven but below twelve, the law provides limited protection depending on their maturity and ability to understand (that falls under a different section). But for those strictly under seven, the immunity is absolute.
5. Universal Application
This rule applies in all cases and for all acts. Even if the act seems very serious — for example, a 6-year-old unintentionally causing a fire or damaging property — the child cannot be charged with any crime. The principle is universal and has no exceptions.
6. Developmental Consideration
The basis of this protection is child psychology. At this age, children are still developing their brains, emotions, and understanding of society. They cannot distinguish properly between right and wrong or predict the consequences of their actions. The law recognises this scientific fact and gives them special protection.
7. No Legal Proceedings
Since the law says such acts are not offences, no case can be registered against the child. Police cannot file FIRs, and courts cannot conduct trials. This saves children from being dragged into the criminal justice system at such a young and sensitive age.
8. Focus on Moral Education
Instead of punishment, the child is expected to receive moral lessons and guidance from parents, teachers, or guardians. For example, if a child breaks a neighbour’s window while playing, the law won’t punish the child — but parents should explain why it was wrong and compensate the neighbour if needed.
9. Parental Responsibility
Although the child is legally safe, parents and guardians bear responsibility for supervision. They must ensure children do not cause harm or damage. If negligence of parents is proven (for example, leaving a child unsupervised with dangerous objects), then legal or civil action may be taken against the parents — not the child.
10. Absolute Protection – No Exceptions
This rule is strict and unconditional. There are no exceptions. Every child below seven years is covered, no matter the situation. Even if society feels the act was “serious,” the child cannot be punished under criminal law. This ensures fairness and prevents misuse of law against children.
Illustrative Examples
- Example 1: A 6-year-old pushes another child while playing, causing injury. The injured child’s parents may be upset, but legally, the act is not a crime.
- Example 2: A 5-year-old lights a matchstick and accidentally burns clothes. The act is dangerous, but the law does not punish the child. The parents may have to take responsibility.
- Example 3: A child under seven steals chocolates from a shop. This is not theft in the eyes of law, because the child lacks criminal intent. The shopkeeper may ask the parents to pay, but no case can be filed.
Bharatiya Nyaya Sanhita Section 20
Legal Protection for Children: Children under seven years old are not legally responsible for their actions, meaning they cannot be charged with a crime.
Innocence Assumed: The law assumes that children under this age do not understand the consequences of their actions and therefore cannot intend to commit a crime.
No Criminal Liability: Any action performed by a child under seven is not considered a criminal offense, so they cannot face legal consequences.
Focus on Guidance: Instead of punishment, the emphasis is on teaching and guiding the child, recognizing their age and developmental stage.
Universal Rule: This protection applies to all children under seven, with no exceptions.
Bharatiya Nyaya Sanhita section 20
| Section | Offense | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 20 | Any act done by a child under seven years of age is not considered an offence. | No criminal punishment. The child is completely exempt from liability. | Not applicable (child cannot be prosecuted) | Not applicable (no offence exists) | No trial, as no criminal liability arises |
| IPC Section 82 (Old) | Nothing is an offence which is done by a child under seven years of age. | No criminal punishment, as the child is considered doli incapax (incapable of crime). | Not applicable under IPC as well | Not applicable — no offence recognised | No trial under IPC provisions |
BNS Section 20 FAQs
What does BNS Section 20 say about children under seven?
BNS Section 20 states that any act done by a child under seven years old is not considered a crime because the child is too young to understand the consequences.
Can a child under seven be arrested for a crime?
No, a child under seven cannot be arrested or charged with a crime, as the law does not hold them responsible for their actions.
Why is the age of seven important in this law?
The age of seven is important because the law believes that children under this age do not have the mental capacity to form criminal intent.
What happens if a child under seven breaks something valuable?
The child is not legally responsible, but their parents might be asked to pay for the damage. The focus is on teaching, not punishment.
Is this law the same in every situation?
Yes, BNS Section 20 applies universally to all acts done by children under seven, regardless of the situation.
Conclusion
BNS Section 20 of the Bharatiya Nyaya Sanhita (BNS) 2023 is a crucial safeguard that protects children under the age of seven from criminal liability. The law recognizes that at such a young age, a child is not capable of understanding the nature and consequences of their actions. Therefore, any act committed by a child below seven years of age is not considered an offence under Indian criminal law.
This provision ensures that innocent children are not wrongfully punished and emphasizes the importance of age and mental capacity in determining criminal responsibility. It also aligns with the principle of natural justice, where intent and understanding play a vital role in defining criminal liability.
For parents, educators, and guardians, this section acts as a reminder that children below seven cannot be held criminally responsible, but proper care and guidance should always be given to avoid harm to others. For legal practitioners, BNS Section 20 continues the spirit of the old IPC Section 82, ensuring consistency in India’s justice system while updating it under the new legal framework.
In short, BNS Section 20 highlights that childhood innocence is protected by law, and no child under seven can be punished for any act, regardless of its outcome.
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Finished with BNS Section 20 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- BNS Section 21 — Act of a child above seven and under twelve of immature understanding
https://marriagesolution.in/bns_section/bns-section-21/ - BNS Section 22 — Act of a person of mental illness
https://marriagesolution.in/bns_section/bns-section-22/ - BNS Section 23 — Act of a person incapable of judgment by reason of intoxication caused against his will
https://marriagesolution.in/bns_section/bns-section-23/ - BNS Section 24 — Offence requiring a particular intent or knowledge committed by one who is intoxicated
https://marriagesolution.in/bns_section/bns-section-24/ - BNS Section 25 — Act not intended and not known to be likely to cause death or grievous hurt, done by consent
https://marriagesolution.in/bns_section/bns-25/ - BNS Section 26 — Act not intended to cause death, done by consent in good faith for person’s benefit
https://marriagesolution.in/bns_section/bns-26/
Full BNSS Section List: https://marriagesolution.in/bnss_section-list
Full IPC Section List: https://marriagesolution.in/ipc-section-list
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