Section 21 BNS 2023: Child Above Seven and Under Twelve of Immature Understanding
Section 21 of the Bharatiya Nyaya Sanhita, 2023 provides a general exception for a child above seven years and under twelve years of age where the child has not attained sufficient maturity of understanding to judge the nature and consequences of the conduct on that occasion.
Current legal status: The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. Section 21 forms part of Chapter III, "General Exceptions". The BNS came into force on July 1, 2024, except for Section 106(2). That commencement exception does not affect Section 21.
Official text of Section 21, Bharatiya Nyaya Sanhita, 2023
21. Act of a child above seven and under twelve years of age of immature understanding.
Nothing is an offence which is done by a child above seven years of age and under twelve years of age, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.
What Section 21 means
Section 21 does not create an automatic exemption for every child between the stated ages. The child must be above seven years and under twelve years, and must also lack sufficient maturity of understanding to judge the nature and consequences of the particular conduct on the occasion in question.
The statutory focus is therefore both age and maturity of understanding. The maturity inquiry is tied to the child's ability to judge the nature and consequences of the conduct at that particular time.
Essential requirements of Section 21
- Above seven years: The child must be above seven years of age.
- Under twelve years: The child must also be under twelve years of age.
- Insufficient maturity: The child must not have attained sufficient maturity of understanding.
- Ability to judge the conduct: The maturity question concerns the child's ability to judge the nature and consequences of the conduct.
- Assessment on that occasion: The statutory wording makes the inquiry specific to the occasion on which the conduct occurred.
Difference between Section 20 and Section 21 BNS
Section 20 applies to a child under seven years of age and states that nothing is an offence which is done by such a child. Section 20 does not contain a maturity test.
Section 21 applies to the next age group: a child above seven and under twelve. In this age group, age alone is not sufficient. The child must also lack sufficient maturity to judge the nature and consequences of the conduct on that occasion.
Key distinction: Section 20 is an age-based exception for a child under seven. Section 21 is an age-and-maturity exception for a child above seven and under twelve.
Why maturity of understanding is important
The phrase "sufficient maturity of understanding" makes the child's actual capacity relevant. The inquiry is not merely whether the child knew that an act had occurred, but whether the child had sufficient maturity to judge the nature and consequences of that conduct on the occasion concerned.
Because the section expressly refers to "that occasion", the assessment is fact-specific. Relevant circumstances may therefore include the child's age within the statutory range, conduct before and after the event, surrounding circumstances, and other evidence bearing on the child's ability to understand the nature and consequences of the act.
Section 21 within the BNS general exceptions
Section 21 is followed by Section 22, which deals with an act of a person of unsound mind. The subsequent provisions include Section 23 on involuntary intoxication, Section 24 on offences requiring particular intent or knowledge committed by an intoxicated person, and Section 25 on certain acts done by consent.
Related general exceptions continue through Section 26, Section 27, Section 28, Section 29, and Section 30.
Practical significance
In a case involving Section 21, establishing the child's age is only the first step. The central factual issue is whether the child had sufficient maturity of understanding to judge the nature and consequences of the conduct on the particular occasion. The application of the exception therefore depends on the evidence relating to both age and maturity.