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Bharatiya Nyaya Sanhita, 2023 Chapter III · General Exceptions
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Bharatiya Nyaya Sanhita, 2023 — Section 21

Act of a Child Above Seven and Under Twelve of Immature Understanding

Section 21 exempts a child above seven and under twelve years of age from criminal responsibility, but only where that particular child had not attained sufficient maturity of understanding to assess the nature and consequences of his conduct on that specific occasion.

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal) and cross-checked directly against the bare text of both Acts. Section 21 is marked Exact correspondence:

BNS 21CoversIPC, 1860 equivalentCategory
21Act of a child above seven and under twelve of immature understandingS.83 (same rule, trivial added wording)Exact

Comparing the bare text directly, BNS Section 21 reproduces old IPC Section 83's rule without substantive change. The only textual difference found is that the BNS version adds the clarifying words “years of age” after “twelve,” where the IPC version simply said “under twelve” — a wording clarification only, with the same legal meaning.

Quick Reference

Section 21 is a General Exception — a maturity-based exemption from criminal responsibility, not itself a stand-alone offence. It carries no BNSS First Schedule entry and no cognizable/bailable/compoundable/triable-court classification of its own; it operates as a complete defence to whatever charge the act might otherwise attract.

What it requires: the child was above seven and under twelve years of age at the time; and that particular child had not attained sufficient maturity of understanding to assess the nature and consequences of his conduct on that specific occasion.
Unlike Section 20: this is not an automatic, age-only exemption — it depends on the individual child's actual level of maturity, assessed on the facts of the specific occasion.
Effect where it applies: the act done is not an offence at all.

Statutory Text (Verbatim)

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: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

A case-by-case maturity test, not an automatic exemption

Explanation (Lexovia's Commentary)

Where Section 20 draws an absolute, automatic line at age seven, Section 21 works differently for the next age band, seven to twelve. Being within this age range is necessary but not sufficient on its own; the exemption only applies where the specific child, on the specific occasion in question, had not attained sufficient maturity of understanding to assess the nature and consequences of the conduct. This makes the inquiry individualised and fact-specific: two children of the same age might be treated differently depending on their actual level of development, understanding, and the particular circumstances of the act in question. Relevant considerations typically include the child's general level of intellectual and moral development, whether the child appreciated that the act was wrong (not merely that it was forbidden), any attempt to conceal the act or its effects, and the nature of the act itself.

Illustration (Lexovia's Own Example)
A nine-year-old child, during a fight over a game, pushes a classmate who falls and is seriously injured. Evidence shows the child has a significant developmental delay, could not explain afterward that pushing someone could cause serious harm, and showed no attempt to conceal the act or understand its wrongfulness beyond it being against the rules of the game. On these facts, the child may fall within Section 21's exemption, since the child had not attained sufficient maturity of understanding to assess the nature and consequences of the conduct on that occasion — in contrast to a child of the same age who clearly understood the likely harm and tried to hide what had happened, who would not qualify.
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Judgment(s) Applicable to This Section (Lexovia's Commentary — Quoted Paragraphs Verbatim)

Hiralal Mallick v. State of Bihar, (1978) 1 SCR 301 : AIR 1977 SC 2236 : (1977) 4 SCC 44 (Supreme Court of India, Criminal Appeal No. 256 of 1977, decided 16 August 1977, V.R. Krishna Iyer & P.K. Goswami, JJ.)

Quoted Passage (Verbatim)
SCR p. 304–305 — this report pre-dates numbered paragraphs, so the source's own page reference is given here instead of a "Para No."
“Adult intent, automatically attributed to infant mens, is itself an adult error. It is everyday experience that little boys as a class have less responsible appreciation of dangers to themselves or others by injurious acts… for the capacity to commit crime, do evil and contract guilt, is not so much measured by years and days as by the strength of the delinquent's understanding and judgment.”
What This Judgment Means (Lexovia's Commentary)

A twelve-year-old boy, acting alongside his two elder brothers, was convicted of murder for his part in a fatal attack; the High Court reduced this to a lesser offence given the boy's age. The Supreme Court, dealing with what is now Section 21's predecessor (old IPC Section 83), held that immaturity for a child between seven and twelve is not measured mechanically by counting years, but by the actual strength of that particular child's understanding and judgment — an individualised inquiry into whether the child genuinely grasped the nature and gravity of the act, not a rule that simply turns on the calendar. The Court went on to use the case to press for a more welfare-oriented, rehabilitative approach to sentencing young offenders generally.

Currency check: decided 1977, interpreting the identically-worded predecessor provision (IPC Section 83); the individualised maturity-of-understanding test it states has not been displaced and is routinely cited for this proposition.

Source: copy of the judgment obtained from Indian Kanoon (indiankanoon.org/doc/576286/), reproducing the official Supreme Court Reports text; the official Supreme Court website copy could not be independently retrieved (its search portal is CAPTCHA-gated) and this is disclosed rather than asserted as the required official-website source.

Related / Cross-Referenced Sections

FAQs

Is every child between seven and twelve automatically exempt?

No. Unlike Section 20's absolute cut-off below age seven, this section requires proof that the specific child, on the specific occasion, had not attained sufficient maturity of understanding to assess the nature and consequences of the conduct.

What factors are relevant to assessing a child's maturity under this section?

Typically, the child's general level of development, whether the child appreciated the act was wrong, any attempt to conceal the act, and the nature of the act itself — assessed on the facts of that particular occasion.

What is the practical effect if this section applies?

The act is not an offence at all — it is a complete defence, not merely a factor reducing punishment.

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