Introduction of BNS Section 21
BNS Section 21 deals with children between the ages of seven and twelve who lack sufficient maturity to understand their actions. It states that if such children do not have the mental capacity to judge the nature and consequences of their behavior, their actions are not considered criminal offenses. The focus is on providing guidance rather than punishment.
BNS Section 21 has replaced IPC Section 83 under the new Bharatiya Nyaya Sanhita, 2023.
What is section 21 of BNS ?
BNS Section 21 states that children who are over seven but under twelve years old are not held responsible for their actions if they do not fully understand what they are doing. The law recognizes that these children might not grasp the full impact of their actions, so they cannot be charged with a crime.
BNS Section 21 in Simple Points
Nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct on that occasion.
(This corresponds to IPC Section 83, updated under BNS 2023.)
1. Meaning of Section 21
BNS Section 21 provides conditional protection for children aged 7 to 12 years. Unlike Section 20 (absolute protection for under 7), here the law checks if the child has the maturity to understand the consequences of their actions.
If the child lacks sufficient maturity, their act is not a crime. But if the child understands what they are doing, they may be held responsible.
2. Purpose of Section 21
The law balances between protecting innocent children and holding mature children accountable.
- Prevents unfair punishment of children who don’t know right from wrong.
- Encourages guidance and correction over punishment.
- Recognizes that some children between 7–12 may act knowingly and should not escape liability.
3. Essential Ingredients of Section 21
For this section to apply:
- Age Condition: The child must be above 7 and below 12.
- Immature Understanding: The child must lack maturity to judge their act.
- Judicial Test: The court decides based on behavior, background, and circumstances.
- No Strict Liability: Without maturity, the act is not a crime.
4. Punishment under BNS Section 21
- If the child is immature → No criminal punishment.
- If the child understands fully → They may be treated like an offender, though courts still consider their age while deciding punishment.
- Civil Liability: Parents/guardians may need to pay compensation for damages.
5. Examples of BNS Section 21 in Action
- Example 1 – Shoplifting: A 9-year-old takes a toy without paying, not understanding theft. → Not a crime, parents guide the child.
- Example 2 – Damage While Playing: An 11-year-old breaks a car window during cricket, without realizing consequences. → Not a crime, parents may pay damages.
- Example 3 – Planned Theft: A 12-year-old steals money after planning it. → Shows maturity, court may treat it as crime.
6. Importance of BNS Section 21
- Protects innocent, immature children.
- Differentiates between childish mistakes and intentional crimes.
- Promotes rehabilitation and moral education.
- Updates IPC Section 83 with modern clarity.
- Ensures fairness in justice by considering mental maturity.
BNS 21 Explanation
1. Legal Protection for Ages 7–12
Children between 7 and 12 years of age are given legal protection. This means if they do something wrong, the law checks whether they are mature enough to understand what they did. If not, they are not punished.
2. Understanding Maturity
The main test is maturity. A child in this age group may do something harmful, but if they don’t realize it is wrong or don’t understand its results, the law says they cannot be treated like a criminal.
3. Age Range Specificity
This rule only applies to children above 7 years old and below 12 years old.
- Below 7 → covered by BNS Section 20 (absolute protection).
- Above 12 → treated more like an adult (no special immunity).
4. Mental Maturity Assessment
The court or judge looks at whether the child had enough mental ability to know what they were doing. For example:
- If a 9-year-old accidentally breaks something without realizing the damage, they may not be responsible.
- But if the same child plans a theft knowingly, the court may consider it a crime.
5. Focus on Guidance
The law prefers education and guidance over punishment for children in this age group. The idea is to help them learn right from wrong instead of treating them harshly.
6. Parental Supervision
Parents or guardians have a big responsibility. If a child misbehaves, it is expected that parents guide them, correct their mistakes, and help them understand consequences.
7. No Criminal Liability
If a child between 7–12 lacks maturity, their actions are not treated as crimes. This protects innocent children from getting a criminal record at a young age.
8. Protection of Innocence
The law accepts that children in this age group are still learning. They may not fully know the difference between right and wrong, so they are protected from strict punishment.
9. Universal Application
This protection applies to all children in the 7–12 age group, regardless of background, family, or place. No child is excluded from this safeguard.
10. Educational Approach
Instead of jail or heavy punishment, the approach is more educational and corrective. The focus is on teaching values, discipline, and responsibility so the child can grow into a better individual.
Examples of BNS Section 21
- Example 1: A 9-year-old takes a toy from a shop without paying. The child may not fully understand the concept of theft. The law protects the child, but parents must guide them.
- Example 2: An 11-year-old damages a neighbor’s car window while playing cricket. Since the child lacked maturity to foresee the consequences, no criminal case is filed. Parents may compensate for damages.
Criminal responsibility of a child under 12
- Overview.
Children between seven and twelve occupy a special place in criminal law: they are not automatically treated as adults, and the law asks whether the child had sufficient maturity of understanding to know the nature and consequences of the act on that occasion. If the child lacked that maturity, their act is not a criminal offence. This protects youngsters who still think and judge very differently from adults. - Statutory basis (plainly).
Modern codes (for example, BNS Section 21, which corresponds to the old IPC provision) set out the rule: a child above seven but under twelve will not be criminally liable if they have not attained sufficient maturity of understanding to judge the nature and consequences of their conduct. In short: age matters, but so does maturity. - Why maturity matters (the idea of mens rea).
Criminal liability generally requires both the wrongful act (actus reus) and a culpable state of mind (mens rea). Very young children often cannot form the necessary mens rea. For children 7–12, the law asks whether, on the facts, the child understood that what they were doing was wrong or likely to cause certain consequences. - Difference from children under seven.
Children under seven are treated differently: typically there is an absolute rule that no child under seven can be held criminally responsible because they are conclusively presumed incapable of mens rea. For ages 7–12, the presumption is conditional — the child may or may not be capable depending on maturity. - Who decides maturity and how.
A judge (and sometimes a magistrate) decides whether the child had sufficient maturity in the specific case. That decision is fact-driven: the court looks at what the child knew, how they behaved, and the surrounding circumstances rather than applying an automatic rule based only on birthday. - Common factors courts consider.
Typical factors the court considers include the child’s exact age, intelligence, education level, home background, prior conduct, ability to understand right and wrong, planning or premeditation (if any), the complexity of the act, and whether the child could foresee probable consequences. - Evidence used to assess maturity.
Evidence can include school records, teacher and parent testimony, psychological or psychiatric evaluations, the child’s statements, medical reports, and the way the act was carried out (e.g., impulsive play vs. carefully planned wrongdoing). Expert reports from child psychologists are often influential. - Examples to illustrate.
A 9-year-old who picks up a toy from an unattended stall while not understanding ownership is likely immature and not criminally liable. A 11-year-old who steals money after hiding it and lying about it may show sufficient maturity and could attract legal consequences — but each case depends on specific facts. - Procedural handling (juvenile system vs. ordinary courts).
Even when maturity is in question, many jurisdictions route matters involving children through juvenile or child-welfare procedures focused on care, protection and rehabilitation rather than punishment. If a court finds maturity and criminal liability, the handling may still reflect the child’s age — courts often prioritize rehabilitation and welfare measures. - Consequences if immaturity is found.
If the child is judged not to have sufficient maturity, there is no criminal conviction. Instead, authorities or child-welfare agencies may provide counselling, supervision, education, or restorative measures. The aim is corrective support, not punishment. - Civil and parental responsibility.
A finding of no criminal liability does not necessarily remove civil consequences: parents or guardians may still be required to compensate for damage caused by the child. Civil claims and guardians’ responsibilities remain separate from the criminal standard of mens rea. - Policy reasons behind the rule.
The rule reflects child development science: children’s reasoning, impulse control and moral understanding develop with age. The law balances society’s need for protection with the need to treat children humanely — emphasizing correction, rehabilitation and the child’s long-term welfare. - Practical tips for parents and lawyers.
If a child is involved in a legal incident, preserve school records, witness statements, and any evidence about the child’s maturity and behaviour. Obtain a child psychologist’s assessment if available. For lawyers, building a factual narrative that shows lack of understanding is central; for parents, cooperating with child-welfare services and seeking legal advice early is important. - Limitations and caveat.
Laws and procedures vary by jurisdiction; terms like “sufficient maturity” are factual and interpreted by courts. This explanation is informational — not a substitute for legal advice. For case-specific guidance, consult a qualified family/juvenile lawyer in your jurisdiction. - Conclusion (short).
Children aged 7–12 are protected by a conditional rule: they are excused from criminal liability if they lack sufficient maturity to understand their actions. The system aims to prioritize the child’s welfare, focusing on education and rehabilitation while ensuring serious, mature wrongdoing is not ignored.
Comparison: BNS Section 21 vs IPC Section 83
| Section | Offense | Punishment | Bailable / Non-Bailable | Cognizable / Non-Cognizable | Trial By |
|---|---|---|---|---|---|
| BNS Section 21 | Act of a child above seven and under twelve years of immature understanding is not an offence if the child lacks maturity to judge the nature and consequences of the act. | No punishment if the child lacks sufficient maturity. If maturity is proven, liability may arise. | Not applicable (child cannot be charged if immature). | Not applicable (depends on underlying offence if maturity is established). | Juvenile Justice framework / ordinary courts depending on case. |
| IPC Section 83 (Old) | Same principle under IPC — act of a child above seven and under twelve is not an offence if the child lacks sufficient maturity to understand. | No punishment if immaturity is proven; liability arises only if maturity exists. | Not applicable (child under IPC protection if immature). | Same as BNS — depends on whether the act shows sufficient maturity. | Juvenile system / ordinary criminal courts depending on facts. |
BNS Section 21 FAQs
What does BNS Section 21 cover?
It covers children aged seven to twelve who are not held responsible for their actions if they do not understand them fully.
How is maturity determined under this section?
Maturity is assessed based on whether the child has the mental capacity to understand the consequences of their actions.
Can a child between seven and twelve be punished under this section?
No, if the child does not have sufficient maturity, they cannot be punished or held criminally responsible.
Does this law apply to all actions by children in this age group?
Yes, the law applies to all actions by children aged seven to twelve, provided they do not have the maturity to understand the consequences.
Conclusion
BNS Section 21 strikes a balance between protection and accountability. It ensures that children between 7–12 years old are not unfairly punished if they lack maturity to understand their actions. At the same time, it recognizes that some older children may act knowingly and should be held responsible. This provision highlights India’s commitment to a child-friendly justice system, focusing on guidance, rehabilitation, and fairness rather than harsh punishment.
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Finished with BNS Section 21 ? 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 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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