In criminal jurisprudence, the capacity to commit a crime is as important as the act itself. The Bharatiya Nyaya Sanhita (BNS) provides specific protections for children through the doctrine of Doli Incapax. These protections are laid out in Section 20 and Section 21, ensuring that the law treats minors with a focus on rehabilitation rather than retribution.
Section 20 BNS
Section 20 of the BNS states: “Nothing is an offence which is done by a child under seven years of age.”
This is known as Absolute Immunity. The law presumes that a child under the age of seven is completely incapable of forming Mens Rea (a guilty mind).
Even if it is proven that the child knew what they were doing was wrong, the court cannot convict them.
At such a tender age, the cognitive ability to distinguish between right and wrong or to understand the legal gravity of an action is non-existent.
Section 21 BNS deals with children above seven and under twelve years of age. Unlike Section 20, this immunity is conditional.
The law protects the child only if they have “not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct.”
For this section to apply, the court looks at two specific factors:
- Nature of the Act: Did the child know what they were doing? (e.g., pulling a trigger vs. playing with a toy).
- Consequences of the Conduct: Did the child understand the result? (e.g., that a gun causes death).
Key Differences: Section 20 vs. Section 21 BNS
| Feature | Section 20 (Infancy) | Section 21 (Immature Understanding) |
| Age Limit | Below 7 Years | 7 to 12 Years |
| Presumption | Doli Incapax (Absolute) | Doli Capax (Rebuttable) |
| Burden of Proof | Automatically applied by law | Must be proved by the child’s defense |
| Judicial Discretion | None | High (Based on child’s behavior) |
BNS vs. IPC: What has changed?
While the language remains almost identical to Sections 82 and 83 of the Indian Penal Code (IPC), the transition to BNS emphasizes a modernized legal framework. For judiciary aspirants, it is crucial to cite the new section numbers:
- IPC Section 82 is now BNS Section 20.
- IPC Section 83 is now BNS Section 21.
Conclusion
Sections 20 and 21 are grounded in the principle that the law should be a shield for those who lack the mental capacity to understand it. When writing for exams or your legal blog, always highlight that the Juvenile Justice (Care and Protection of Children) Act will still govern the procedure, even if a child is found to have “maturity” under Section 21.