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BNS, 2023
Start Practicing
BNSChapter IIISection 21
Section21

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

AI Assist

Summary

A child above seven and under twelve who, at the time, is not mature enough to understand the nature and consequences of their act is not treated as having committed an offence. The rule applies only when the child’s actual maturity on that occasion is insufficient, not merely the calendar age.

Example

Rohan, age 10, takes a neighbour’s bicycle thinking it is a toy and does not grasp that he is committing theft; on that occasion his action is not treated as an offence under this rule. If he had understood the nature and consequences, the result could be different.

Bare Act

Enacted text

Nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.

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III

Chapter III

General Exceptions

In this chapter

  • 14Act done by a person bound, or by mistake of fact believing himself bound, by law
  • 15Act of Judge when acting judicially
  • 16Act done pursuant to the judgment or order of Court
  • 17Act done by a person justified, or by mistake of fact believing himself, justified, by law
  • 18Accident in doing a lawful act
  • 19Act likely to cause harm, but done without criminal intent, and to prevent other harm
  • 20Act of a child under seven years of age
  • 21Act of a child above seven and under twelve of immature understanding
  • 22Act of a person of unsound mind
  • 23Act of a person incapable of judgment by reason of intoxication caused against his will
  • 24Offence requiring a particular intent or knowledge committed by one who is intoxicated
  • 25Act not intended and not known to be likely to cause death or grievous hurt, done by consent
  • 26Act not intended to cause death, done by consent in good faith for person’s benefit
  • 27Act done in good faith for benefit of child or person with unsound mind, by or by consent of guardian
  • 28Consent known to be given under fear or misconception
  • 29Exclusion of acts which are offences independently of harm caused
  • 30Act done in good faith for benefit of a person without consent
  • 31Communication made in good faith
  • 32Act to which a person compelled by threats
  • 33Act causing slight harm
  • 34Things done in private defence
  • 35Right of private defence of the body and of property
  • 36Right of private defence against the act of a person with unsound mind, etc
  • 37Acts against which there is no right of private defence
  • 38When the right of private defence of the body extends to causing death
  • 39When such right extends to causing any harm other than death
  • 40Commencement and continuance of the right of private defence of the body
  • 41When the right of private defence of property extends to causing death
  • 42When such right extends to causing any harm other than death
  • 43Commencement and continuance of the right of private defence of property
  • 44Right of private defence against deadly assault when there is risk of harm to innocent person
Previous · Section 20Act of a child under seven years of ageNext · Section 22Act of a person of unsound mind