Nothing is an offence which is done by a child above seven years of age and under twelve years of age, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.
Simplified Explanation
Section 21 of the Bharatiya Nyaya Sanhita (BNS), titled “Act of a Child Above Seven and Under Twelve Years of Age of Immature Understanding,” addresses the criminal responsibility of children aged between seven and twelve. This section recognizes that while children in this age group may have some understanding of their actions, they may still lack the maturity required to fully comprehend the consequences. Consequently, the law provides conditional immunity based on the child’s level of understanding.
Key Points of Section 21
- Age Range for Conditional Immunity:
- Section 21 applies specifically to children aged above seven but under twelve. Children in this age range are generally considered to have greater awareness than those under seven, but they may still lack full maturity and understanding.
- Immature Understanding as a Determinant:
- The immunity from criminal liability under Section 21 is not absolute. It depends on whether the child is shown to have “immature understanding.” This means that if a child lacks the mental capacity to understand the nature or consequences of their actions, they may not be held criminally responsible.
- Evaluation of Maturity and Understanding:
- Courts must assess the child’s level of understanding in each case. This may involve considering factors such as the child’s background, intelligence, education, and overall mental and emotional maturity. If the child’s understanding is found to be immature, they may be exempt from criminal liability.
- No Criminal Liability for Acts Beyond Comprehension:
- If a child in this age range commits an act without a full understanding of its consequences, Section 21 provides protection from criminal charges. For instance, if a child’s actions inadvertently cause harm but they did not understand the potential consequences, the child may be shielded from legal prosecution.
- Judicial Discretion and Psychological Assessment:
- Judges have discretion to determine the child’s capacity for understanding, often supported by psychological assessments or expert opinions. This ensures that decisions are based on an informed understanding of the child’s mental and emotional development.
- Focus on Guidance and Rehabilitation:
- When a child above seven but under twelve is found to have acted with immature understanding, they are typically guided towards supportive or rehabilitative interventions rather than punishment. This aligns with juvenile justice principles that prioritize a child’s development over penal measures.
- Exceptions for Children of Sufficient Maturity:
- If a child in this age range demonstrates sufficient maturity and understanding of their actions, they may be held accountable under the law. However, even in such cases, the punishment is often less severe than for adults, and rehabilitative measures are emphasized.
Purpose of Section 21
The purpose of Section 21 is to acknowledge that children aged seven to twelve are in a transitional developmental stage, where they may or may not fully understand the nature and impact of their actions. This section aims to ensure that criminal liability is applied fairly, based on each child’s level of maturity. By focusing on the child’s capacity for understanding, Section 21 provides a balanced approach that promotes justice while protecting young individuals from undue punishment. This approach supports a child-centered legal framework that emphasizes rehabilitation and guidance, ensuring that children receive the help they need rather than punitive consequences.
