Section 21 of the Bharatiya Nyaya Sanhita (BNS) states that if a child between 7 and 12 years of age commits an act, it will not be considered an offense if the child has not attained sufficient maturity to understand the nature and consequences of the act.
Key Provisions:
Conditional Criminal Liability for Children (7-12 Years Old)
A child in this age group will not be punished if they lack the maturity to understand their actions.
However, if the child is found to have sufficient maturity to understand the act and its consequences, they may be held responsible.
Doctrine of Doli Incapax (Partial Protection)
Unlike children below 7 years (who have absolute protection), children between 7-12 years may be held liable if proven that they had criminal intent.
The Court examines the child’s understanding before determining guilt.
How It Protects:
Prevents wrongful prosecution of children who lack mental maturity.
Allows legal intervention only if the child fully understands their wrongdoing.
Encourages corrective measures rather than strict punishment for young offenders.
Example:
A 9-year-old child takes money from a shop, thinking it is play money → Not an offense (due to lack of understanding).
A 10-year-old child plans and executes a theft with full awareness of the crime → May be held responsible.
