Section 20 BNS: Act of a child under seven years of age
Bharatiya Nyaya Sanhita, 2023
Section 20 BNS at a Glance
Section 20 BNS deals with act of a child under seven years of age. It replaced Section 82 IPC on 1 July 2024.
None. Section 20 BNS creates no offence.
Section 20 BNS Bare Act Text
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.
Source: Section 20, Bharatiya Nyaya Sanhita, 2023
Section 20 BNS in Simple Words
Section 20 of the Bharatiya Nyaya Sanhita (BNS) says that nothing is an offence if it is done by a child under seven years of age. In simple terms, the law treats such a child as too young to form the kind of understanding needed for criminal liability. This is a complete defence, not a matter of reduced punishment.
This section applies only when the act is committed by the child personally. It does not protect adults who use a child as a tool to commit an offence. In practice, this provision matters because criminal law looks at both the act and the mental capacity behind it.
A child below seven is presumed incapable of criminal intent, so the law will not punish the child for that act.
Ingredients of Section 20 BNS
- An act is done which would otherwise be an offence
- The act is done by a child
- The child is under seven years of age when the act is done
Punishment Under Section 20 BNS
None. Section 20 BNS creates no offence.
None.
Section 20 BNS is a General Exception. It has no entry in the First Schedule to the BNSS.
Example of Section 20 BNS
When Section 20 BNS Does Not Apply
- The child is seven years of age or more when the act is done
- The act is done by an adult and not by the child
Section 20 BNS in the IPC (Previous Law)
Section 20 BNS replaces Section 82 IPC from the old criminal code.
Section 20 BNS keeps the exception in the same words.
View IPC Section 82 →FAQs on Section 20 BNS
Under Section 20 BNS, can a child below seven years be arrested for an offence?▼
If the act was done by the child personally, Section 20 BNS protects the child from criminal liability. In practical terms, the child is not to be prosecuted as an offender for that act. However, the police and court may still look at whether any adult was involved.
Does Section 20 BNS mean a child under seven can never be questioned by police?▼
A child may still be spoken to as part of an enquiry, but that is different from criminal prosecution. The law does not treat the child as capable of committing an offence under this section. Any action usually focuses on safeguarding the child and identifying adult involvement.
Under Section 20 BNS, what if an adult makes a child under seven commit the act?▼
The child still gets protection under Section 20 BNS. The adult can be liable for the offence, for abetment, or for using the child as an instrument depending on the facts. The law does not allow an adult to escape responsibility by hiding behind the child.
How does Section 20 BNS apply after the new criminal law came into effect?▼
The principle remains the same, and it now appears in the Bharatiya Nyaya Sanhita (BNS), 2023 as Section 20 BNS. The earlier provision is replaced by the new code, though the legal rule on very young children has not changed in substance.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·