CRIMINAL LAW

Section 21 of the Bharatiya Nyaya Sanhita, 2023: Assessing Criminal Responsibility in Children Aged Seven to Twelve

Section 21 of the Bharatiya Nyaya Sanhita, 2023, is a balanced approach to juvenile justice, balancing the requirement of accountability with the understanding of a child's stage of development. It provides for the assessment of children aged seven to twelve years on an individual basis to ascertain their criminal responsibility, ensuring a just and equitable legal process.

Legal Maestros April 5, 2025 2 min read

Introduction

Section 21 of the Bharatiya Nyaya Sanhita (BNS), 2023, deals with the criminal liability of children between the ages of seven and twelve. It provides that if a child in this age group does an act, it is not an offense if the child has not yet reached a sufficient degree of maturity to have understood the nature and consequences of his act. citeturn0search0

Understanding the Provision

This provision of law recognizes that children mature at varying rates. Some might possess the ability to understand the consequences of their actions, while others do not. The law thus does not necessarily make children in this age group criminally responsible. Rather, it calls for an evaluation of the maturity and awareness of the child at the time of the offense.

Illustrative Example

Imagine a situation in which a nine-year-old steals a toy from a shop without paying. If the child does not have the maturity to appreciate that this action is theft and wrong both morally and legally, they would not be criminally responsible under Section 21. However, if the child appreciates that stealing the toy without paying is wrong and does it on purpose, they could be liable to the law.

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Judicial Assessment

Ascertaining the maturity of a child requires an assessment of how well the child can analyze the nature and consequences of his or her behavior. Intelligence, experience, and knowledge of norms in society are taken into account. This helps to ensure that children who are mature enough are held accountable for their behavior.

Comparison with Previous Legal Framework

Section 21 of the BNS is equivalent to Section 83 of the old Indian Penal Code (IPC) with the same line of conditional criminal responsibility depending on the maturity of the child. citeturn0search9