Section 20 of the Bharatiya Nyaya Sanhita (BNS) provides that any act committed by a child below the age of seven years is not considered an offense. This is based on the principle that children under seven do not have the maturity to understand the consequences of their actions and, therefore, cannot be held criminally liable.
Key Provisions:
Absolute Immunity for Children Below Seven Years
A child under the age of seven years cannot be prosecuted or punished for any offense, regardless of the nature of the act.
Legal Basis – Doctrine of Doli Incapax
The law follows the principle of “Doli Incapax”, meaning a child lacks the mental capacity (mens rea) to commit a crime.
This protects young children from criminal liability as they cannot distinguish right from wrong like an adult.
How It Protects:
Prevents wrongful prosecution of young children who lack criminal intent.
Ensures child development is not negatively impacted by legal consequences at an early age.
Promotes rehabilitation and education over punishment for young offenders.
Example:
A five-year-old child takes money from a shop without paying, thinking it is acceptable → Not an offense.
A six-year-old accidentally causes harm while playing, leading to injury → Not an offense.
