Section 20 of BNS, 2023: Act of a Child Under Seven Years of Age
Section 20 of the Bharatiya Nyaya Sanhita, 2023 (BNS) provides a complete statutory exception from criminal liability for acts done by a child who is under seven years of age. The provision states that nothing is an offence which is done by a child under seven years of age. It recognises that very young children are not to be held criminally responsible under the BNS for acts committed while they are below this age threshold.
This provision is an important part of Indian criminal law because criminal responsibility involves more than simply identifying an act that caused harm. The law must also determine whether the person who performed the act can legally be held responsible for an offence. Section 20 establishes a clear age-based rule for children below seven years, rather than requiring a separate inquiry into their individual understanding of the act.
For law students, judicial service aspirants, legal researchers and readers studying the new criminal laws, Section 20 is especially important because it forms part of the General Exceptions under Chapter III of the BNS. It corresponds to Section 82 of the former Indian Penal Code, 1860 (IPC), which contained the same essential rule concerning children below seven years of age.
- Subject: Act of a child under seven years of age.
- Chapter: Chapter III — General Exceptions.
- Statute: Bharatiya Nyaya Sanhita, 2023.
- Previous corresponding provision: Section 82 of the Indian Penal Code, 1860.
- Core rule: An act done by a child under seven years of age is not an offence under this provision.
- Separate maturity test: Section 20 does not require an individual maturity assessment for a child who is below seven.
Table of Contents
- Introduction to Section 20 BNS
- Bare Act Text of Section 20
- Meaning in Simple Language
- Object and Purpose of the Provision
- Essential Elements of Section 20
- How the Age Requirement Works
- Criminal Intention and Young Children
- Practical Examples
- Difference Between Section 20 BNS and Section 82 IPC
- Difference Between Sections 20 and 21 BNS
- Determining the Child's Age
- Investigation and Court Considerations
- Section 20 and Juvenile Justice Law
- Common Misconceptions
- Related BNS Provisions
- Important Points for Exams
- Practice MCQs
- Conclusion
- Sources and References
1. Introduction to Section 20 of BNS
The Bharatiya Nyaya Sanhita, 2023, is India's principal substantive criminal law statute. It replaced the Indian Penal Code, 1860, subject to the applicable commencement and savings provisions. The BNS came into force on 1 July 2024, except as otherwise provided by the relevant commencement notification.
The Sanhita contains provisions defining criminal offences, prescribing punishments and identifying circumstances in which conduct is excluded from criminal liability. These exclusions are commonly studied as general exceptions. They recognise that an act which might otherwise appear criminal cannot always be treated as an offence without considering the legal circumstances in which it occurred.
Section 20 addresses one such circumstance: the age of the person who performs the act. It provides that an act done by a child under seven years of age is not an offence. This rule reflects the legal policy that children below this age are too young to be subjected to criminal responsibility under the ordinary criminal law framework for the act in question.
Suppose an act would ordinarily satisfy the physical elements of an offence if committed by an adult. If the person who performed that act was below seven years of age at the relevant time, Section 20 provides the statutory protection. The provision is not dependent on whether the child appeared clever, understood a particular instruction or had previously demonstrated unusual intelligence. The age threshold itself determines the application of this particular exception.
The provision must nevertheless be understood accurately. It does not mean that every harmful incident involving a child is legally irrelevant. Questions of medical care, child protection, compensation, supervision, civil liability of other persons and the conduct of adults may require separate consideration under the law applicable to the facts. Section 20 specifically addresses whether the child's act is an offence under the BNS.
2. Bare Act Text of Section 20 BNS
The official statutory text of Section 20 is short. Its brevity should not be confused with a lack of legal importance. A single sentence establishes the age-based rule that must be applied when the provision is relevant.
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.”
Source: Bharatiya Nyaya Sanhita, 2023, Section 20, Chapter III — General Exceptions.
This is the statutory wording. The explanations and examples in this article are intended to make the provision easier to understand and are not additional language contained in the Bare Act.
For authoritative reading, consult the official text of the Sanhita on India Code. Readers should use the enacted text rather than relying solely on summaries, social media posts or unofficial extracts when preparing legal submissions or academic work.
Read the Official BNS on India Code
3. Section 20 BNS Meaning in Simple Language
In simple terms, Section 20 means that a child who has not yet reached seven years of age cannot be held criminally responsible under the BNS for an act performed while below that age. The law does not require the prosecution or court to establish that the child lacked maturity in the particular circumstances. The statutory age limit is the central issue under Section 20.
For example, imagine that a child aged six years accidentally breaks a neighbour's expensive window while playing. Breaking the window may cause damage and may resemble conduct that could have legal consequences if committed by an adult. However, the child's age means Section 20 applies to the question of criminal liability for the act.
The same principle applies where the conduct is alleged to have been intentional. Section 20 does not make an exception only for accidents or innocent mistakes. Its wording is broad: it applies to an act done by a child under seven years of age. Therefore, the exception does not depend on proving that the child was acting without any intention to cause harm.
This is an important distinction. In some criminal cases, intention, knowledge, recklessness or negligence may be central to determining guilt. Under Section 20, however, the child's age below seven is itself the statutory basis for excluding the act from criminal liability under the provision.
What Does “Nothing Is an Offence” Mean?
The phrase means that an act performed by a child within the specified age group is not treated as an offence under the BNS by reason of Section 20. The rule is more than a reduction in punishment. It is a general exception that prevents the act from being treated as a criminal offence in the circumstances covered by the section.
It is therefore inaccurate to describe Section 20 as a provision that merely reduces a sentence or allows a court to show leniency. It concerns criminal responsibility itself, not simply the punishment that may follow a conviction.
Does the Child Have to Prove Immaturity?
No separate proof of individual immaturity is required under Section 20 once the relevant fact that the child was below seven years of age is established. This is one of the main differences between Section 20 and Section 21 BNS, which deals with a child above seven and under twelve years of age whose understanding was not sufficiently mature on the occasion in question.
4. Object and Purpose of Section 20 BNS
The purpose of Section 20 is to establish a clear minimum age below which criminal responsibility under the BNS does not attach to the child's act. The law recognises that very young children have not ordinarily developed the level of understanding and judgment expected for criminal responsibility.
The provision reflects several important principles of criminal jurisprudence.
4.1 Recognition of Childhood
Childhood is a stage of development in which judgment, impulse control, understanding of consequences and social awareness are still developing. A very young child may perform an act without appreciating its wider implications. Criminal law must take account of this developmental reality instead of treating every person as having the same capacity for responsibility.
4.2 Certainty in the Law
Section 20 uses a specific age threshold. This creates a clear rule for children below seven years of age. It avoids requiring a separate inquiry into the maturity of each child covered by the section. This certainty is useful to courts, investigators, lawyers, parents and other persons who need to understand the legal position.
4.3 Distinguishing Harmful Conduct from Criminal Responsibility
An act can cause real harm without necessarily being an offence attributable to the person who performed it. For example, a child may cause physical injury or property damage. The fact that the harm occurred does not, by itself, resolve the question of criminal liability. Section 20 requires the child's age to be considered as a decisive statutory factor.
4.4 A Protective Approach to Young Children
The provision reflects a protective approach to very young children. It does not suggest that harmful conduct should be ignored or that injured persons should receive no assistance. Instead, it separates the child's criminal responsibility from the wider steps that may be necessary to address an incident, protect affected persons or ensure the child's welfare.
4.5 A Consistent Minimum-Age Rule
The rule operates by reference to age rather than social background, educational achievement, family circumstances or a subjective assessment of intelligence. A child below seven years is covered by the statutory exception regardless of whether the child has received formal education or appears more advanced than other children of the same age.
5. Essential Elements of Section 20 BNS
Although Section 20 contains only one sentence, a proper legal analysis requires the reader to identify the important facts and the legal issue to which the provision applies.
| Element | Legal Meaning | Practical Importance |
|---|---|---|
| Child | The person whose act is being considered is a child within the age group specified by the section. | The provision concerns the age and status of the person who performed the act. |
| Under seven years | The child had not yet reached the seventh birthday at the relevant time. | The age must be determined with reference to the date of the alleged act. |
| An act was done | The provision applies to conduct performed by the child. | The nature of the conduct may need to be established, but Section 20 supplies the age-based exception. |
| Criminal responsibility | The legal question is whether the act can constitute an offence attributable to the child. | Section 20 excludes the child's act from criminal liability under the provision. |
| Age-based protection | No separate maturity assessment is required under Section 20 for a child below seven. | This distinguishes Section 20 from the qualified exception in Section 21. |
5.1 The Age Must Be Below Seven
The first and most important issue is whether the child was below seven years of age when the act occurred. A person who is six years and eleven months old is still under seven. A person who has already completed seven years is not covered by Section 20 on the basis of age alone, although Section 21 may become relevant depending on the facts.
5.2 The Relevant Date Is the Date of the Act
The age question must be assessed at the time of the alleged conduct. If a child was six years old when an incident occurred but turned seven before the complaint was filed, the later birthday does not retrospectively remove the protection that applied at the time of the act.
5.3 The Exception Does Not Depend on the Type of Offence Alleged
Section 20 does not list separate categories of offences. Its wording is general. The legal analysis must still identify the conduct and the relevant statutory framework, but the age-based exception is not restricted to one named offence or one particular type of harm.
6. How the Age Requirement Works
Understanding the difference between a child who is under seven and a child who has completed seven years is essential for applying Section 20 correctly.
| Child's Age at the Time of the Act | Relevant Provision | Legal Position |
|---|---|---|
| Below seven years | Section 20 BNS | The act is not an offence under the BNS by virtue of this general exception. |
| Exactly seven years old | Section 21 may be relevant | Section 20 no longer applies merely on the basis of age; the conditions of Section 21 must be considered. |
| Above seven but under twelve years | Section 21 BNS | The exception depends on whether the child had attained sufficient maturity of understanding on that occasion. |
| Twelve years or older | Other applicable legal rules | Section 20 does not apply; the complete legal position depends on the circumstances and other laws. |
The table is a simplified guide to the age thresholds. It does not replace the text of Section 21 or the separate requirements of juvenile justice legislation. In particular, a child who has completed seven years should not automatically be treated as criminally liable: the applicable exception and other statutory protections must be examined.
Example: Child Turns Seven After the Incident
Suppose a child commits an act on 10 January while six years and ten months old. A complaint is made on 15 March, by which time the child has turned seven. The relevant age for Section 20 is the age on 10 January, when the act allegedly occurred. The later birthday does not change the child's age at the time of the incident.
Example: Child Has Already Turned Seven
Suppose a child is seven years and two months old when an incident occurs. Section 20 cannot be applied merely because the person is still very young. The legal analysis must consider Section 21 and whether the requirements of that section are satisfied, along with other applicable law.
7. Section 20, Criminal Intention and Mens Rea
In criminal law, mens rea generally refers to a legally relevant state of mind, such as intention or knowledge, where the offence requires it. Actus reus generally refers to the prohibited conduct or other external elements of an offence. The precise requirements vary according to the offence and statutory wording.
Section 20 is not drafted as a defence that applies only when a child lacks a particular intention. It provides that nothing is an offence which is done by a child under seven years of age. The child's age is therefore the central statutory criterion.
Consider two hypothetical situations. In the first, a six-year-old child breaks a glass object while playing. In the second, the child deliberately throws a stone and breaks a window. The circumstances and intentions may differ, but the age-based exception under Section 20 does not depend on proving that the child acted accidentally rather than intentionally.
This does not mean that intention is irrelevant to every legal issue involving children. Intention may matter when investigating an adult's conduct, assessing another person's liability or applying a different provision to other facts. It means only that Section 20 itself provides a complete age-based exception for the child's act when the statutory condition is met.
Why Intention Does Not Replace the Age Test
An argument that a child below seven appeared to understand the wrongfulness of a particular act does not remove the statutory exception. Section 20 does not authorise a court to disregard the age threshold because the child seemed unusually intelligent or appeared to have planned the act.
Likewise, the provision does not require a court to determine whether the child could distinguish right from wrong in the manner required for an individual maturity assessment under Section 21. That distinction is fundamental when comparing the two provisions.
8. Practical Examples of Section 20 BNS
The following hypothetical examples explain how Section 20 may operate. They are educational illustrations, not reports of actual cases or substitutes for legal advice.
Example 1: Breaking a Neighbour's Window
A six-year-old child throws a ball while playing, and the ball breaks a neighbour's window. The owner complains that the child caused property damage. Because the child was under seven at the time, Section 20 provides the relevant exception from criminal liability for the child's act.
The damage may still require practical resolution. The family may discuss repairs, and separate questions concerning civil responsibility or another person's conduct may arise under the applicable law. Section 20 does not automatically determine every non-criminal consequence of the incident.
Example 2: Taking an Object from a Shop
A child aged six takes a small object from a shop without paying. The shopkeeper alleges that the conduct resembles theft. Section 20 applies to the child's criminal responsibility because the child was below seven years of age at the relevant time.
The incident may call for parental involvement, guidance and steps to return the object. Those responses are separate from criminally punishing the child for the act covered by Section 20.
Example 3: Causing Injury During Play
During a game, a five-year-old child pushes another child, who falls and suffers an injury. The injured child's family may seek medical treatment and report the incident. The child's age remains central to the criminal-law question under Section 20.
The fact that an injury occurred does not by itself override the statutory exception. Authorities may nevertheless need to examine the wider circumstances, including whether any adult's independent conduct contributed to the incident.
Example 4: Deliberately Damaging a Toy
A six-year-old child becomes angry and deliberately damages another child's toy. The act may cause distress and financial loss. Nevertheless, Section 20 does not distinguish between accidental and deliberate acts by a child below seven for the purpose of its age-based exception.
Example 5: Alleged Conduct Before the Seventh Birthday
A child is accused of an act said to have occurred two weeks before the child's seventh birthday. The complaint is filed after the birthday. The relevant question is the child's age when the alleged act occurred, not the child's age when the complaint was registered or the proceedings began.
Example 6: Uncertain Age
A child is alleged to have caused damage, but the available records do not clearly establish the child's date of birth. The age question must be examined through reliable evidence and the applicable legal procedure. Section 20 cannot be applied accurately by guessing the child's age.
Example 7: A Child Who Has Completed Seven Years
A child aged eight is alleged to have committed an act that would ordinarily be an offence if committed by a person legally capable of criminal responsibility. Section 20 is not the applicable age-based exception merely because the child is young. Section 21 requires examination of sufficient maturity of understanding concerning the nature and consequences of the conduct on that occasion.
Example 8: Harm Caused by an Adult Using a Child
An adult allegedly persuades a six-year-old child to carry out an act that harms another person. Section 20 protects the child from criminal liability for the child's act when the age condition is satisfied. It does not automatically protect the adult who allegedly directed, encouraged or used the child. The adult's conduct must be assessed independently under the applicable provisions of criminal law.
9. Difference Between Section 20 BNS and Section 82 IPC
Before the Bharatiya Nyaya Sanhita came into force, the corresponding provision was Section 82 of the Indian Penal Code, 1860. Section 82 IPC provided that nothing was an offence which was done by a child under seven years of age.
Section 20 BNS carries forward the same essential rule. The main change for readers studying the new criminal law is the statutory reference: the relevant provision is now Section 20 of the BNS for conduct governed by the new law, subject to commencement and savings rules.
| Basis of Comparison | Section 82 IPC | Section 20 BNS |
|---|---|---|
| Statute | Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita, 2023 |
| Subject | Act of a child under seven years of age | Act of a child under seven years of age |
| Age threshold | Under seven years | Under seven years |
| Core wording | Nothing is an offence which is done by a child under seven years of age. | Nothing is an offence which is done by a child under seven years of age. |
| Nature of rule | Complete age-based exception | Complete age-based exception |
| Individual maturity assessment | Not required under the provision for a child below seven | Not required under the provision for a child below seven |
| Corresponding provision | Former law | Current corresponding BNS provision for applicable conduct |
Has the Basic Rule Changed?
The essential rule concerning children under seven years of age has been carried forward without a material change in the core wording. The BNS reorganised and renumbered the criminal code, so students must learn the new section number rather than assume that the old IPC numbering continues.
For a general study of the new law, read the complete Bharatiya Nyaya Sanhita, 2023 guide on Barristery.in. It provides the broader structure of the Sanhita and lists the provisions under Chapter III.
Which Law Applies to an Older Incident?
The applicable substantive law must be determined with reference to the date of the alleged act, commencement provisions, repeal and savings rules, and any other relevant legal requirements. The fact that Section 20 is the current BNS provision does not mean that every incident from the IPC period is automatically governed by the BNS.
For legal drafting, a lawyer should verify the applicable law for the date of the incident and cite the appropriate provision. Students should also avoid changing an old case citation from Section 82 IPC to Section 20 BNS without checking the case's facts and the legal regime that applied to it.
10. Difference Between Sections 20 and 21 BNS
Sections 20 and 21 both concern the criminal responsibility of children, but they apply to different age groups and use different legal tests.
Section 20 covers a child under seven years of age. Its rule is categorical: nothing is an offence which is done by a child within that age group. Section 21 deals with a child above seven and under twelve years of age who has not attained sufficient maturity of understanding to judge the nature and consequences of the conduct on that occasion.
| Point | Section 20 BNS | Section 21 BNS |
|---|---|---|
| Age group | Under seven years | Above seven and under twelve years |
| Type of rule | Age-based general exception | Qualified exception based on age and maturity |
| Individual maturity inquiry | Not required under Section 20 | Relevant to whether the child had sufficient maturity on that occasion |
| Nature of understanding | No separate test of the child's understanding is stated | The nature and consequences of the conduct must be considered |
| Scope of protection | Applies when the child is below seven at the relevant time | Depends on whether the statutory conditions are met |
Why Does Section 21 Require a Different Test?
Children between seven and twelve may differ considerably in their ability to understand the nature and consequences of an act. Section 21 therefore does not create the same unconditional rule for the entire age group. It provides an exception where the child has not attained sufficient maturity of understanding to judge the nature and consequences of the conduct on that occasion.
The words “on that occasion” are important. The inquiry is not simply whether the child is generally intelligent, attends school or can follow instructions. The relevant issue concerns sufficient maturity to understand the nature and consequences of the particular conduct in question.
Example: Six Years Old Compared with Nine Years Old
If a child aged six commits the alleged act, Section 20 is the relevant age-based provision. If a child aged nine commits a similar act, Section 21 may be relevant, but the statutory maturity requirement must be examined. The two situations cannot be treated as legally identical merely because both involve young children.
11. Determining the Child's Age
Age is the central factual issue under Section 20. In an actual case, the relevant age should be established through reliable evidence and the procedures applicable to the proceedings.
Depending on the circumstances, relevant records may include:
- Birth registration records or a birth certificate issued by the competent authority.
- School admission records and other contemporaneous educational documents.
- Official identity or family records, where legally relevant and reliable.
- Statements of parents, guardians or other persons with direct knowledge of the child's birth.
- Other documentary or oral evidence admissible under the applicable law.
The relevance and evidentiary value of any particular document depend on the applicable legal rules and the facts. A document should not be treated as conclusive merely because it contains a date of birth; its authenticity and legal status may need examination.
Age at the Time of the Alleged Act
For Section 20, the important date is the date on which the alleged act occurred. The child's age when a police report was filed, when a charge was considered or when a hearing took place does not replace the age inquiry for the relevant conduct.
What If the Evidence Conflicts?
If different records show different dates of birth, the issue must be resolved under the applicable evidentiary and procedural rules. A lawyer should identify the relevant records, determine their source and reliability, and make appropriate submissions. The answer should not be based on an unsupported assumption about the child's age.
12. Investigation and Court Considerations
Section 20 is a substantive criminal-law exception. It does not independently provide a complete procedural code for registering complaints, conducting investigations, deciding age disputes or dealing with every consequence of an incident involving a young child.
When a case involves a child who may be under seven, the following questions may be important:
- What act is alleged to have occurred?
- When did the alleged act take place?
- What reliable evidence establishes the child's age on that date?
- Does Section 20 apply to the child's conduct?
- Are there allegations concerning the independent conduct of an adult or another person?
- Are there separate child-protection, welfare, medical or civil issues that need attention?
- Which procedural provisions apply to the matter?
Role of Legal Practitioners
A lawyer dealing with such a matter should accurately identify the age-based exception and avoid framing the child's case as if it were an ordinary adult criminal prosecution. The lawyer should verify the statutory text, gather reliable evidence concerning age and distinguish the child's position from the position of any other person involved.
Where necessary, the legal submissions should also address the applicable procedural rules and child-protection framework. Section 20 should not be used as a substitute for analysing every separate legal issue arising from the incident.
Role of the Court
The court must apply the relevant law to the facts and evidence before it. Where the child's age is disputed, that issue may require determination. Once the facts establish that the child was under seven at the relevant time, Section 20 supplies the applicable general exception concerning the child's act.
13. Section 20 and Juvenile Justice Law
Section 20 must be distinguished from the wider legal framework governing children in conflict with law. The Bharatiya Nyaya Sanhita sets out substantive criminal law, including offences, punishments and general exceptions. The Juvenile Justice (Care and Protection of Children) Act, 2015, provides a separate statutory framework for matters concerning children in conflict with law and children in need of care and protection.
The two frameworks serve related but distinct functions. Section 20 answers a substantive question: whether the act of a child below seven years is an offence under the BNS. Juvenile justice legislation addresses procedures, institutions, safeguards and rehabilitation-related issues within its statutory scope.
It is therefore important not to assume that Section 20 contains all the rules governing the treatment of every child involved in an alleged offence. The child's age, the nature of the incident and the applicable statutes must be considered together.
Child Protection and Welfare
Where an incident reveals that a child is exposed to neglect, exploitation, violence or an unsafe environment, separate child-protection concerns may arise. The absence of criminal liability under Section 20 does not prevent appropriate steps from being taken under applicable child-welfare law.
Similarly, a child who has been harmed by another person may require protection and support regardless of whether the person alleged to have caused the harm is criminally liable. Legal analysis should focus on the rights, safety and welfare of all children involved.
Does Section 20 Mean There Can Never Be Any Proceedings?
No. The provision excludes the child's act from being treated as an offence under its terms. It does not state that authorities can never make inquiries into an incident, establish the child's age, protect an injured person or investigate the independent conduct of adults. Any action must, however, comply with the applicable law and must not be confused with imposing criminal liability on the child contrary to Section 20.
14. Common Misconceptions About Section 20 BNS
Misconception 1: Section 20 Applies Only to Accidental Acts
Correct position: The statutory wording is not limited to accidents. It applies to an act done by a child under seven years of age. The child's age, not whether the conduct was accidental or deliberate, is the central criterion under this section.
Misconception 2: A Very Intelligent Child Can Be Excluded from Section 20
Correct position: Section 20 does not contain an exception based on intelligence or individual maturity. If the child was under seven at the relevant time, the statutory age-based rule applies. The maturity test belongs to the distinct framework in Section 21.
Misconception 3: Section 20 Merely Reduces Punishment
Correct position: Section 20 is a general exception concerning criminal responsibility. It does not merely prescribe a lesser sentence for a child below seven.
Misconception 4: The Child's Current Age Determines the Case
Correct position: The relevant question is the child's age when the alleged act occurred. A later birthday does not change the child's age at the time of the incident.
Misconception 5: Section 20 Automatically Protects the Adults Involved
Correct position: The provision addresses the child's act. It does not automatically exempt an adult who allegedly planned, encouraged or committed a separate unlawful act.
Misconception 6: No Other Legal Action Is Possible After Section 20 Applies
Correct position: Criminal liability of the child and the wider consequences of an incident are different questions. Medical treatment, child welfare, protection, civil issues or allegations against other persons may require separate analysis.
Misconception 7: Section 20 and Section 21 Are Interchangeable
Correct position: They establish different rules for different age groups. Section 20 applies to children under seven; Section 21 concerns children above seven and under twelve who lack sufficient maturity of understanding on the occasion in question.
Misconception 8: Section 20 Is a New Rule Introduced by the BNS
Correct position: The essential rule was already contained in Section 82 of the Indian Penal Code, 1860. Section 20 carries the rule into the BNS framework.
15. Related Provisions of the Bharatiya Nyaya Sanhita
Section 20 is best understood alongside the other general exceptions in Chapter III. These provisions address different circumstances in which an act may be excluded from criminal liability or treated according to a specific legal rule.
| Provision | Subject | Connection with Section 20 |
|---|---|---|
| Section 18 | Accident in doing a lawful act | Concerns a different general exception based on accident and the conditions stated in the section. |
| Section 19 | Act likely to cause harm, but done without criminal intent, and to prevent other harm | Addresses necessity-related circumstances distinct from the age-based rule in Section 20. |
| Section 20 | Act of a child under seven years of age | Provides the age-based exception discussed in this article. |
| Section 21 | Act of a child above seven and under twelve years of age of immature understanding | Contains a qualified exception involving sufficient maturity of understanding. |
| Section 22 | Act of a person of unsound mind | Addresses a distinct statutory exception concerning unsoundness of mind. |
| Section 23 | Act of a person incapable of judgment by reason of intoxication caused against their will | Deals with a different circumstance affecting judgment. |
| Section 24 | Offence requiring a particular intent or knowledge committed by an intoxicated person | Addresses specific questions of intention or knowledge in cases involving intoxication. |
These provisions should not be treated as interchangeable. Each has its own statutory language and conditions. A general exception that applies in one factual situation may not apply in another.
Read the Complete BNS Guide on Barristery.in
16. Important Points for Law Students and Competitive Exams
Section 20 is a useful topic for law examinations because it tests statutory interpretation, age-based criminal responsibility and the distinction between general exceptions. The following points summarise the most important aspects of the provision.
- Section 20 of the BNS deals with the act of a child under seven years of age.
- The provision is located in Chapter III, which deals with General Exceptions.
- The exact statutory rule is: “Nothing is an offence which is done by a child under seven years of age.”
- The relevant age is the child's age when the alleged act occurred.
- Section 20 does not require a separate inquiry into the individual maturity of a child below seven.
- The protection is not limited to accidental conduct.
- Section 20 corresponds to Section 82 of the Indian Penal Code, 1860.
- Section 21 concerns children above seven and under twelve years of age who have not attained sufficient maturity of understanding to judge the nature and consequences of their conduct on that occasion.
- Section 20 concerns criminal responsibility for the child's act; it does not automatically determine every civil, welfare or protective issue arising from the incident.
- The liability of an adult who allegedly uses or directs a child must be considered separately under the applicable law.
- The BNS came into force on 1 July 2024, subject to the applicable commencement provisions.
- For an incident occurring under the former IPC regime, the relevant date, repeal and savings provisions must be checked before selecting the statutory citation.
Short Answer for a Law Examination
Question: Explain Section 20 of the Bharatiya Nyaya Sanhita, 2023.
Section 20 of the Bharatiya Nyaya Sanhita, 2023, provides that nothing is an offence which is done by a child under seven years of age. It is part of Chapter III, which deals with General Exceptions. The provision establishes a complete age-based exception from criminal liability for the act of a child below seven years. No separate assessment of the child's individual maturity is required under this section. Section 20 corresponds to Section 82 of the Indian Penal Code, 1860. It must be distinguished from Section 21 BNS, which deals with a child above seven and under twelve years of age who has not attained sufficient maturity of understanding to judge the nature and consequences of the conduct on that occasion.
17. Section 20 BNS — Practice MCQs
Test your understanding of Section 20 and the related provisions with the following multiple-choice questions.
Question 1
Section 20 of the Bharatiya Nyaya Sanhita deals with:
- Acts done by a person of unsound mind
- Acts done by a child under seven years of age
- Acts done under intoxication
- Acts done to prevent greater harm
Correct answer: B. Acts done by a child under seven years of age.
Question 2
Section 20 BNS is located in which chapter?
- Chapter I — Preliminary
- Chapter II — Of Punishments
- Chapter III — General Exceptions
- Chapter V — Of Offences Against Women and Child
Correct answer: C. Chapter III — General Exceptions.
Question 3
What is the corresponding provision under the former Indian Penal Code, 1860?
- Section 80 IPC
- Section 81 IPC
- Section 82 IPC
- Section 83 IPC
Correct answer: C. Section 82 IPC.
Question 4
Under Section 20, is an individual maturity assessment required for a child below seven years?
- Yes, in every case
- Only for property offences
- Only if the act was intentional
- No, not under Section 20
Correct answer: D. No, not under Section 20.
Question 5
Which provision concerns a child above seven and under twelve years of age who has not attained sufficient maturity of understanding?
- Section 18 BNS
- Section 20 BNS
- Section 21 BNS
- Section 22 BNS
Correct answer: C. Section 21 BNS.
Question 6
A child was below seven years when an act occurred but turned seven before the complaint was filed. Which age is relevant for Section 20?
- The child's age on the date of the complaint only
- The child's age when the hearing begins
- The child's age when the alleged act occurred
- The child's age when the investigation ends
Correct answer: C. The child's age when the alleged act occurred.
Question 7
Does Section 20 apply only where the child acted accidentally?
- Yes
- No
- Only when property damage occurs
- Only where no injury results
Correct answer: B. No.
Question 8
Does Section 20 automatically exempt an adult who allegedly directs a child to perform an unlawful act?
- Yes, in every situation
- No, the adult's conduct must be assessed separately
- Yes, if the child is below twelve
- Only if the adult is a parent
Correct answer: B. No, the adult's conduct must be assessed separately.
Question 9
Which statement correctly describes Section 20?
- It merely reduces the sentence imposed on a child
- It provides an age-based general exception
- It applies only to children attending school
- It applies only to offences against property
Correct answer: B. It provides an age-based general exception.
Question 10
When did the BNS generally come into force?
- 26 January 2024
- 1 July 2024
- 15 August 2024
- 1 January 2025
Correct answer: B. 1 July 2024.
18. Conclusion
Section 20 of the Bharatiya Nyaya Sanhita, 2023, establishes an important rule concerning the criminal responsibility of very young children. It provides that nothing is an offence which is done by a child under seven years of age. The provision is part of Chapter III, which deals with General Exceptions, and carries forward the essential rule previously contained in Section 82 of the Indian Penal Code, 1860.
The most important feature of Section 20 is its age-based nature. When the child was under seven at the time of the act, the section does not require a separate assessment of the child's individual maturity. This distinguishes it from Section 21, which concerns children above seven and under twelve and makes sufficient maturity of understanding a relevant statutory condition.
For practical legal work, the child's age at the time of the alleged act should be established carefully. Lawyers and students should also distinguish the child's position from any separate allegations against adults or other participants, and should consider applicable procedural and child-protection laws where necessary.
For examination preparation, remember four essential points: Section 20 BNS, Chapter III, children under seven years of age, and Section 82 IPC as the corresponding former provision. Understanding these points provides a strong foundation for studying criminal responsibility and the general exceptions under Indian criminal law.
19. Sources and References
The following sources can be used to verify the statutory text and study the relevant legal framework.
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India Code — Bharatiya Nyaya Sanhita, 2023.
Read the official BNS text -
Bureau of Police Research and Development — BNS PDF.
Consult the BNS text -
National Crime Records Bureau — New Criminal Laws portal.
Explore the new criminal laws and comparison resources -
Barristery.in — Bharatiya Nyaya Sanhita, 2023 guide.
Read the BNS section guide -
Barristery.in — Bare Act of Bharatiya Nyaya Sanhita, 2023.
View the BNS Bare Act resource
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