BNS Section 21 – Act Of A Child Above Seven And Under Twelve Years Of Age Of Immature Understanding

The Bharatiya Nyaya Sanhita (BNS) is going to repeal the Indian Penal Code (IPC) and now introduces Section 21, which is concerned with the critical question of criminal liability for children aged seven and below twelve years. This section effectively provides a defence to a criminal charge for young people who are irresponsible for their offence, but because of their age, have still not developed the maturity of understanding for their age group to understand the natural consequences of his or her actions. In other words, a child aged within that section of the 7-11 years range acts and behaves like an adult, but with knowing they have no capacity to understand if the act they have engaged in would normally constitute an offence, may not render the child with criminal responsibility if they lacked the mental capability to understand, firstly, they were in the process of committing an act against the law, and secondly, what the outcome of such an act could be.

The BNS Section 21 is the direct counterpart to the current IPC Section 83, continuing the accepted principle of limited liability for children in that age group of 7-11 years. Formerly, the reason for having a separate section recognizing a child's development stage was to remind the court that children are not adults, and it doesn't make sense to approach children the same way that we would treat adults who are fully responsible for their actions.

In this blog, you will get to know about

• Simplified Explanation of BNS Section 21
• Illustrative Examples.
• Relevant FAQs

Legal Provision

Section 21 of the BNS, ‘BNS Section 21- Act of a child above seven and under twelve of immature understanding’ states:

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 of the nature and consequences of his conduct on that occasion.

Simplified Explanation

1. Applicable Age Group: This provision applies to children aged between 7 and 12 years, offering them potential legal exemption from criminal liability, provided certain conditions are met.
2. Maturity of Understanding: The exemption depends on whether the child had developed sufficient maturity to comprehend their actions at the time. The law recognizes that cognitive understanding varies among children in this age range.
3. Awareness of Act and Consequences: For the exemption to apply, the child must lack the ability to judge both the nature of their act and its consequences during that specific incident. The evaluation is incident-specific, not based on general behavior or understanding.

Key Details of BNS Section 21

Practical Examples

A few examples illustrating Section 21 of the BNS are:

Example 1

A violent video game influenced an 11-year-old boy to push a younger child, causing him to fall and break an arm. If it can be shown that the 11-year-old did not fully appreciate the potential for serious injury that could result from using sufficient force to push a child, he would probably be able to benefit from the protection of BNS Section 21. The court would likely consider his understanding of cause and effect and the severity of the outcome.

Example 2

When an 8-year-old girl steals a candy bar from a store without paying for it, it is reasonable to conclude that, if it were evident that she believed the candy was free or did not comprehend the idea of paying for stuff at a store, her act would not be considered theft under BNS Section 21 for lack of understanding the "nature" of what she was doing (taking someone else's property without permission) and the "consequences" (that she was taking the store owner's goods and their money).

Key Improvements and Changes: IPC Section 83 to BNS Section 21

From analysing the provided text, there are no real differences in the wording or the legal principle by comparing IPC Section 83 and BNS Section 21. Both sections use the same language. The only distinction is the section numbers in their respective codes. This indicates that the legislature intended to carry forward the existing legal principle concerning the criminal liability of children in this age dimension without altering its basic principles.

Therefore, instead of "changes/improvements", it would be better to say that BNS Section 21 takes the form of a continuation and renumbering of IPC Section 83. This is important for the consistent application of this significant legal protection within this new criminal justice paradigm.

Conclusion

BNS Section 21, similarly to its predecessor IPC Section 83, provides an important function in the context of Indian law by acknowledging a different level of development of children aged between seven and under twelve and providing a safeguard for these young individuals from criminal liability by shielding them from such liability if they haven't yet reached the level of sophistication of understanding and cognitive development required in order to understand and appreciate the proceedings in which they are engaged. To use this section of the act requires a mindful and situational analysis of the child's mind at the time of the supposed offence.

FAQs

A few FAQs are

Q1. Why was IPC Section 83 revised and replaced with BNS Section 21?

IPC Section 83 wasn't substantively revised. With the enactment of the Bharatiya Nyaya Sanhita (BNS) to replace the Indian Penal Code (IPC), all the sections of the IPC have been renumbered and incorporated into the new code. BNS Section 21 is simply the new numbering for the same legal provision previously known as IPC Section 83.

Q2. What are the main differences between IPC Section 83 and BNS Section 21?

The main difference is the numbering within the respective legal codes. The wording and the legal principle enshrined in both sections are identical. BNS Section 21 carries forward the exact same provision as IPC Section 83 regarding the criminal liability of children aged between seven and under twelve with immature understanding.

Q3. Is BNS Section 21 a bailable or non-bailable offense?

BNS Section 21 itself does not define an offense. Instead, it provides a defense against an act being considered an offense if the child lacked sufficient maturity of understanding. Therefore, the question of bailable or non-bailable is not applicable to this section directly. The nature of the underlying act committed by the child would determine bail provisions, if the defense under Section 21 is not successfully established.

Q4. What is the punishment for offense under BNS Section 21?

BNS Section 21 states that "nothing is an offence" if the conditions of immature understanding are met. Therefore, if this section applies, there is no offense, and consequently, no punishment. If the defense under Section 21 is not accepted, the punishment would be as prescribed for the specific offense committed under other relevant sections of the BNS.

Q5. What is the fine imposed under BNS Section 21?

Similar to punishment, if BNS Section 21 is successfully invoked, the act is not considered an offense, and no fine would be imposed under this section. If the defense fails, any fine would be part of the penalty prescribed for the specific offense under other sections of the BNS.

Q6. Is the offense under BNS Section 21 cognizable or non-cognizable?

BNS Section 21 does not define an offense. The cognizable or non-cognizable nature of the act committed by the child would be determined by the nature of that specific act as defined under the BNS (or the Code of Criminal Procedure, 1973, which will likely be replaced by the Bharatiya Nagarik Suraksha Sanhita). If the defense under Section 21 is established, the question of cognizability becomes irrelevant.

Q7. What is the BNS Section 21 equivalent of IPC Section 83?

BNS Section 21 is the direct equivalent of IPC Section 83. They contain the exact same wording and legal principle regarding the criminal liability of children aged between seven and under twelve with immature understanding. The change is solely in the section number within the new Bharatiya Nyaya Sanhita.