BNS Section 20 – Act Of A Child Under Seven Years Of Age

BNS Section 20 of the Bharatiya Nyaya Sanhita, 2023 (BNS) establishes a key principle in criminal law: a child under the age of 7 years is deemed incapable of committing an offence. It creates a conclusive presumption of doli incapax (which translates as "incapable of criminal intent"); the presumption is conclusive for children of this age bracket. The law acknowledges that children within this age group do not possess sufficient maturity to understand the nature and consequences of their actions (in this case, to commit a crime) and, therefore, cannot be criminally responsible for the act of crime. This provision embodies a long-standing legal history that wishes to shield young children from the criminal justice system's harshest impacts.

In this blog, you will get to know about

• Simplified Explanation Of BNS Section 20
• Practical Examples Illustrating BNS Section 20.
• Relevant FAQs

Legal Provision

Section 20 of the BNS ‘Act of a child under seven years of age’ states:

Nothing is an offence which is done by a child under seven years of age.

Simplified Explanation Of BNS Section 20

BNS Section 20 says that if a child below seven years does what would be a crime without intending that, this act is not an offense under the law. The law presumes that a child at this age is not capable of forming the intention that criminal acts usually need for an act to be termed a crime. They are even thought to lack understanding in a legal form about the difference between right and wrong, and what consequences might befall them in doing their act.

Under seven years to be considered in this - this is the main crux of this section. This age boundary is thus an absolute limit. It was very simple 'acts' standing proven to be committed by a person below the defined age stands automatically exempted from criminal liability for that act, irrespective of its form.

Such provisions are based on the legal fact that developmentally, a child's mind will experience various changes and stages. The law understands that such a child is in a learning period concerning his environment-including moral values and the effects of his deeds. He or she has not attained a stage that indicates criminal wrongdoing.

Key Details Of BNS Section 20

Practical Examples Illustrating BNS Section 20

A few examples based on Section 20 of the BNS are:

• A five-year-old child picks up a sharp object and injures another child during a playfight.

Although the occurrence of injurious bodily harm would be a criminal offense if committed by a person older, the act cannot be considered offense because the five-year-old child cannot be held criminally responsible for their behavior as a result of their being under the threshold for criminal capacity in the definition of BNS Section 20.

• A seven-year-old child intentionally steals a toy from a store.

In this situation, BNS Section 20 would not apply as the child is over the age of 7. The child's actions may technically constitute an offense, and the child's ability to appreciate the consequences of their actions will be a consideration in any litigation, possibly subject to BNS Section 21 (act of a child above seven and under twelve of immature understanding).

Key Improvements And Changes: IPC Section 82 To BNS Section 20

The wording of BNS Section 20 is the same as that of IPC Section 82. Hence, there is no modification or improvement to the text, nor explanation, with regard to the original principle of law and how it is expressed, between IPC Section 82 and BNS Section 20. A consistent legal doctrine of infantile incapacity for children under seven years remains in the new Bharatiya Nyaya Sanhita.

The BNS represents a restatement of this principle. This suggests that the principle continues to play an important role in the criminal justice system in India. In addition, it is reasonable to expect that past legal findings based on IPC Section 82 will likely influence the application of Section 20 of the BNS. More broadly, even if the overall evolution of the BNS may matter inside the overall context of criminal law, the specific provision concerning criminal incapacity of very young children remains the same.

Conclusion

Section 20 of the BNS, which is worded in the same way as Section 82 of the IPC, provides that a child under seven years of age is incapable of committing an offense. Under the doctrine of 'doli incapax', this is important because young children simply do not possess the cognitive capacity, and therefore, the necessary intent, to commit an offense. Age-based exemptions to legal culpability are absolute in nature and demonstrate the law's commitment to recognizing the different developmental stages of childhood. With the Bharatiya Nyaya Sanhita continuing the provision of not being able to commit a crime based on age, this well-established concept, which is at the very heart of juvenile justice, is still relevant and significant in the Indian legal system.

FAQs

A few FAQs are:

Q1. Why was IPC Section 82 revised and replaced with BNS Section 20?

IPC Section 82 was not specifically revised; the entire Indian Penal Code was replaced by the Bharatiya Nyaya Sanhita, 2023, as part of a comprehensive reform of India's criminal laws. BNS Section 20 is the corresponding provision that re-enacts the long-standing principle of criminal incapacity for children under seven.

Q2. What are the main differences between IPC Section 82 and BNS Section 20?

Textually, there are no differences between IPC Section 82 and BNS Section 20. The wording and the legal principle they embody are identical. The distinction lies solely in their placement within the new Bharatiya Nyaya Sanhita.

Q3. Is BNS Section 20 a bailable or non-bailable offense?

BNS Section 20 does not define an offense. It states that an act committed by a child under seven years is not an offense. Therefore, the concepts of bailable or non-bailable do not apply to this section.

Q4. What is the punishment for offense under BNS Section 20?

Since BNS Section 20 declares that an act by a child under seven is not an offense, there is no punishment prescribed under this section. The child is legally deemed incapable of committing a crime.

Q5. What is the fine imposed under BNS Section 20?

Similarly, as the act of a child under seven is not considered an offense, no fine can be imposed under BNS Section 20. The principle of criminal incapacity negates the applicability of penalties.

Q6. Is the offense under BNS Section 20 cognizable or non-cognizable?

The terms cognizable and non-cognizable relate to the classification of "offenses." As BNS Section 20 clarifies that the act of a child under seven is not an offense, these classifications are not applicable in this context.

Q7. What is the BNS Section 20 equivalent of IPC Section 82?

The BNS Section 20 equivalent of IPC Section 82 is BNS Section 20 itself. It directly replaces and re-enacts the same legal principle concerning the criminal incapacity of young children within the new Bharatiya Nyaya Sanhita.