Bharatiya Nyaya Sanhita: Section 20 – Act of a child under seven years of age

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

Simplified Explanation

Section 20 of the Bharatiya Nyaya Sanhita (BNS), titled “Act of a Child Under Seven Years of Age,” establishes the principle that children under the age of seven cannot be held criminally liable for their actions. This section provides a complete exemption from criminal responsibility for children below this age, based on the assumption that they lack the maturity and understanding necessary to form criminal intent.

Key Points of Section 20

1. Age Threshold for Criminal Responsibility:
   • Section 20 sets the minimum age of criminal responsibility at seven years. Any act committed by a child under this age is not subject to criminal prosecution, as the law presumes they cannot fully comprehend the nature or consequences of their actions.
2. Incapacity to Form Criminal Intent:
   • Children under seven are considered legally incapable of forming mens rea, or criminal intent. The section is based on the understanding that young children lack the mental maturity to distinguish right from wrong or to foresee the consequences of their actions.
3. Complete Immunity from Criminal Liability:
   • The immunity provided by Section 20 is absolute, meaning that no criminal charges can be brought against a child under seven, regardless of the nature or outcome of their actions. This protection applies universally, whether the act involves harm, damage, or other types of offenses.
4. Focus on Rehabilitation, Not Punishment:
   • Instead of criminal liability, the emphasis for children under seven is on guidance and rehabilitation through non-punitive measures. If a child’s actions need intervention, it would typically involve counseling, family support, or child welfare services rather than legal proceedings.
5. Alignment with Juvenile Justice Principles:
   • Section 20 aligns with juvenile justice principles that prioritize rehabilitation and acknowledge that very young children lack the developmental capacity for criminal accountability. The aim is to protect the welfare of young children and address any behavioral issues outside of the criminal justice system.
6. No Exceptions for Severe Acts:
   • Even if a child under seven commits an act with severe consequences, they are still exempt from criminal liability. This reflects a compassionate, developmental approach, recognizing that children in this age group do not have the mental or moral capacity to bear legal responsibility.

Purpose of Section 20

The purpose of Section 20 is to shield young children from criminal prosecution, recognizing their developmental limitations in understanding and intention. This provision reflects the belief that children under seven lack the maturity required for criminal accountability and emphasizes the importance of protection, guidance, and education for young children. By setting an age threshold, Section 20 promotes a fair and compassionate legal framework that prioritizes the well-being and development of children over punishment, ensuring that society handles any issues involving young children with a focus on support rather than penalization.