Section 20 BNS provides exemption from criminal liability for children below the age of seven. The provision recognizes that they lack the mental maturity to understand the nature or consequences of their actions. This protection is grounded in the legal doctrine of doli incapax, which acknowledges that young children are incapable of forming criminal intent. The provision reflects the broader principle of treating young offenders differently within the justice system due to their developmental stage. Explore other important Judiciary Notes.

Section 20 BNS Act of a Child under seven years of age

Nothing is an offence which is done by a child under seven years of age

Note: “The information on Section 20 BNS provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders.”

Section 20 BNS Interpretation

Section 20 BNS provides absolute immunity to children below seven years. The provision recognizes their incapacity to form criminal intent (doli incapax). It reflects a protective legal stance which ensures that such minors are not held criminally liable due to their developmental immaturity.

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Doli incapax is a Latin term meaning "incapable of committing an offence." The maxim is related to Section 20 BNS. In a legal sense, it refers to the presumption that a child lacks the capacity to form criminal intent or understand the consequences of a wrongful act. This principle is grounded in the belief that criminal responsibility should only apply to individuals who possess the mental capacity to commit an offence with mens rea.

Legal Reasoning Behind the Doli Incapax Maxim

The doctrine of doli incapax is enshrined in Section 82 of Indian Penal Code (Now Section 20 BNS is based on the following rationale:

• Criminal liability should be attributed only to those who intentionally commit wrongful acts.
• Children below the age of seven years are presumed to lack the mental maturity necessary to understand the nature and implications of their actions.

Position in the Indian Penal Code/ Bharatiya Nyaya Sanhita

The concept of doli incapax is enshrined in Section 82 of the Indian Penal Code, 1860 (Now Section 20 of Bharatiya Nyaya Sanhita, 2023) which falls under the chapter titled “General Exceptions.”

• Absolute Immunity
  Section 82 IPC (Now Section 20 BNS) provides total immunity to children under the age of seven. It categorically states that any act committed by such a child is not an offence. The rationale is that a child of such a young age is incapable to differentiate between right and wrong, and thus, cannot form criminal intent.
• For Example

Suppose Arjun, a 25-year-old man, instigates Veer, a 6-year-old child, to kill a person named Kabir, and Kabir dies as a result. In this case, Veer will not be held criminally liable because, being under seven years of age, he is considered doli incapax under Section 82 IPC (Now Section 20 BNS). However, Arjun will be held responsible for the murder of Kabir, as he manipulated a legally exempt child to carry out the act.

Section 20 BNS Important Cases

The following landmark judgments provides insights into how Section 20 BNS (earlier Section 82 IPC) has been interpreted by the Judiciary :

Marsh vs Loader (1863)

In Marsh vs Loader (1863), a child under the age of seven was found taking a piece of wood from the defendant’s property. Since the child was below the age of criminal responsibility, he was not held liable for the act under Section 82 IPC (Now Section 20 BNS).

Emperor v. Wali Mohammad (1936)

In this case, the issue of criminal liability of children arose when two boys- one aged eight and the other five were convicted by the Trial Court for throwing stones at a moving train. The act was punishable under Section 127 of the Railways Act, 1890. On appeal, the Sind High Court held that the eight-year-old was entitled to the protection of Section 83 IPC, as he lacked the maturity to fully grasp the risks and consequences of his actions. The five-year-old, being under seven, was granted complete immunity under Section 82 IPC (Now Section 20 BNS).

Shyam Bahadur Koeri v. State of Bihar (1967)

A child under the age of seven found a gold plate but failed to report it to the Collector. The Prosecution was initiated under the Indian Treasure Trove Act, 1878. The Patna High Court applied Section 82 IPC (Now Section 20 BNS) recognized the lack of criminal capacity of the Child (doli incapax) and ordered his acquittal. The provision reinforced the statutory protection granted to children under seven.

The following highlights the differences between Section 20 of Bharatiya Nyaya Sanhita and Section 82 under Indian Penal Code.

Conclusion

Section 20 BNS 2023 carries forward the essence of Section 82 of Indian Penal Code, 1860, by granting absolute immunity to children below seven years of age. The provision is rooted in the doctrine of doli incapax which reflects a consistent legal approach that young children lack the capacity to understand the consequences of their actions and should not be subjected to criminal prosecution.