Section 21 BNS: Act of a child above seven and under twelve years of age of immature understanding

Bharatiya Nyaya Sanhita, 2023

Section 21 BNS at a Glance

Section 21 BNS deals with act of a child above seven and under twelve years of age of immature understanding. It replaced Section 83 IPC on 1 July 2024.

Punishment

None. Section 21 BNS creates no offence.

IPC Equivalent

Section 83 →

Section 21 BNS Bare Act Text

21. Act of a child above seven and under twelve of immature understanding

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.

Source: Section 21, Bharatiya Nyaya Sanhita, 2023

Section 21 BNS in Simple Words

Section 21 of the Bharatiya Nyaya Sanhita (BNS) deals with a child who is above seven years of age and under twelve, but only where the child has not attained sufficient maturity of understanding. In simple terms, the law does not treat every act by a child in this age group as a crime. The court must look at whether the child was capable of understanding the nature and consequences of the act.

This section is a rule on criminal responsibility, not a punishment provision. If a child in this age bracket acts without mature understanding, the act is not treated as an offence in the same way as an adult’s act. The practical point is that age alone is not enough.

The prosecution or defence may have to show the child’s level of intelligence, awareness, and understanding at the time of the incident. This makes the section important in cases involving theft, assault, mischief, or other acts where the child’s mental maturity becomes the deciding factor.

Ingredients of Section 21 BNS

  • The act is done by a child above seven years of age and under twelve
  • The child has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct
  • That immaturity existed on that occasion, when the act was done

Punishment Under Section 21 BNS

Imprisonment

None. Section 21 BNS creates no offence.

Fine

None.

Section 21 BNS is a General Exception. It has no entry in the First Schedule to the BNSS.

Example of Section 21 BNS

In Indore, a ten-year-old boy, Aarav, throws a stone at a tin roof while playing, and a splinter hurts a passer-by. If on that occasion he had not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct, then under Section 21 BNS his act is not an offence.

When Section 21 BNS Does Not Apply

  • The child is under seven years of age, where Section 20 BNS applies instead
  • The child is twelve years of age or more
  • The child has attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion

Section 21 BNS in the IPC (Previous Law)

Section 21 BNS replaces Section 83 IPC from the old criminal code.

Section 21 BNS keeps the exception. Its heading and its text both say under twelve years of age where the IPC says under twelve.

View IPC Section 83 →

FAQs on Section 21 BNS

Does a child between 7 and 12 years automatically get protection under Section 21 BNS?▼

No. The child must also be shown to have lacked sufficient maturity of understanding. The court looks at the child’s capacity to understand the act and its consequences, not age alone.

Under Section 21 BNS, who has to prove that the child was mature enough?▼

In practice, the court examines the facts, behaviour, and surrounding circumstances. The issue may arise through evidence from parents, teachers, witnesses, or the manner in which the act was done.

Can a child under Section 21 BNS be sent to jail?▼

Not under this section if the child is found to have acted without sufficient maturity of understanding. The focus is on criminal responsibility, so the law treats such a child differently from an adult offender.

What is the current law for Section 21 BNS under BNS?▼

This provision is enacted as Section 21 BNS of the Bharatiya Nyaya Sanhita (BNS), 2023. The legal principle remains the same, with the new code replacing the earlier law.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·