BNS Section 21
Is a child aged 9 liable for a crime if they didn't understand it?
Short answer
No, a child between 7 and 12 who lacks sufficient maturity to understand the act is not considered to have committed an offence.
In detail
Under Section 21 of the Bharatiya Nyaya Sanhita, 2023, a child who is older than seven years but younger than twelve years is not automatically liable for a criminal act. The law looks at whether the child has reached a level of maturity that allows them to appreciate the nature and possible consequences of their behaviour at the time it occurred. If the child has not attained that level of understanding, the conduct is not treated as an offence. This means that the legal system recognizes that children in this age bracket may not yet have the mental capacity to judge right from wrong in the same way an adult would, and therefore they are exempt from criminal liability in such cases.
Related questions
What actions are defined as 'hurt' under the Bharatiya Nyaya Sanhita?
Hurt means causing bodily pain, disease, or infirmity to any person.
Can a husband be forced to financially support his wife, children, or parents if he refuses?
Yes, a magistrate can order him to pay a monthly allowance and enforce it with fines or up to one month in jail.
If I accidentally hurt a consenting adult during a game, can I be criminally liable?
No, you are not criminally liable if the act was not intended to cause death or serious injury and the adult gave consent.
Can I defend myself even if it might harm a child nearby?
Yes, the law permits you to use private defence even if it risks harming an innocent person during a deadly assault.
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Not legal advice. This is general legal information, not legal advice. Laws change and every case turns on its own facts — speak to a lawyer about your situation.