Section 20 BNS 2023: Act of a Child Under Seven Years of Age
Section 20 of the Bharatiya Nyaya Sanhita, 2023 creates a general exception for children below seven years of age. It provides in absolute terms that an act done by a child under seven years of age is not an offence.
Current legal status: The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. Section 20 forms part of Chapter III, "General Exceptions". The BNS came into force on July 1, 2024, except Section 106(2). That commencement exception does not affect Section 20.
Official text of Section 20, Bharatiya Nyaya Sanhita, 2023
20. Act of a child under seven years of age.
Nothing is an offence which is done by a child under seven years of age.
What Section 20 means
Section 20 provides a complete criminal-law exception based on age. Where the person who did the act was under seven years of age at the relevant time, the act is not an offence under this provision.
The wording of Section 20 does not require a separate inquiry into whether the child understood the nature or consequences of the act. That additional question becomes relevant under the next provision, Section 21, which concerns a child above seven and under twelve years of age who has not attained sufficient maturity of understanding to judge the nature and consequences of the conduct on that occasion.
Essential requirement of Section 20
- Age below seven years: The child must be under seven years of age when the act is done.
- No separate maturity test under Section 20: Unlike Section 21, Section 20 itself does not make the exception dependent on proof of immature understanding.
- General exception: Section 20 is placed in Chapter III of the BNS together with the other statutory general exceptions.
Difference between Section 20 and Section 21 BNS
Section 20 applies to a child under seven years of age. Its text states directly that nothing is an offence which is done by such a child.
Section 21 applies to a different age group: a child above seven years and under twelve years of age. Under Section 21, the protection depends on whether the child has attained sufficient maturity of understanding to judge the nature and consequences of the conduct on that occasion.
Key distinction: Section 20 is based on the child being under seven years of age. Section 21 introduces an additional maturity-of-understanding inquiry for a child above seven and under twelve.
Section 20 within the BNS general exceptions
Section 20 follows Section 19, which deals with acts likely to cause harm but done without criminal intent and in good faith to prevent or avoid other harm.
Earlier provisions in the same chapter include Section 18 on accident in doing a lawful act, Section 17 on acts justified by law or by good-faith mistake of fact, Section 16 on acts pursuant to a Court judgment or order, Section 15 on acts of a Judge acting judicially, and Section 14 on acts done by a person bound by law or believing himself bound by law because of a mistake of fact.
Practical significance
In a case involving Section 20, the age of the child at the time of the act is fundamental. The statutory exception is tied to the child being under seven years of age. Questions involving children above seven but under twelve fall under the distinct rule in Section 21 rather than Section 20.