BNS Section 20: Legal Protection for Children Below Seven Years

Amit Kapoor04 mins

Act of a child under seven years of age

Nothing is an offence which is done by a child under seven years of age.

Key Points for BNS-20 (Legal Immunity for Children Under Seven)

BNS-20 provides complete legal immunity for children under the age of seven, meaning they cannot be held criminally responsible for any act they commit. This section is based on the legal concept of Doli Incapax, which acknowledges that children below seven lack the mental capacity to understand the consequences of their actions.

1. Legal Immunity for Children Under Seven

  • BNS-20 ensures that children under seven cannot be charged with any criminal offense. Regardless of the act committed, no criminal charges or punishment can be imposed on them.

2. Concept of Doli Incapax (Incapacity for Crime)

  • The law is grounded in the concept of Doli Incapax, which means that children under seven are considered “incapable of wrong.” It assumes they do not have the mental ability to understand right from wrong or the consequences of their actions.

3. Lack of Mens Rea (Criminal Intent)

  • Mens Rea, or criminal intent, is a key element in criminal law. BNS-20 assumes that children under seven cannot form criminal intent because of their age and immaturity. Therefore, any act they commit is seen as innocent rather than a deliberate crime.

4. Fixed Age Limit

  • The law sets the age of seven as a strict boundary. Even if a child near the age of seven shows advanced understanding, they are still covered by this immunity. This rule applies equally to all children under seven, regardless of their individual development.

5. Protection of Childhood

  • BNS-20 protects young children from being treated harshly by the criminal justice system. It recognizes that children should not be held to the same legal standards as adults or older juveniles. Instead, they are treated with care and leniency, focusing on their development rather than punishment.

6. Application in Legal Proceedings

  • If a child under seven is involved in an act that might be considered a crime, no criminal proceedings can be initiated. Instead, the situation may be handled through social services, child welfare systems, or other corrective and educational methods aimed at guiding the child appropriately.

Conclusion

BNS-20 acknowledges that children under seven are incapable of committing criminal offenses due to their lack of understanding and mental development. Based on the principle of Doli Incapax, this legal provision ensures that young children are protected from criminal liability and instead receive age-appropriate guidance, care, and support.

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