Criminal LawSection 21, Bharatiya Nyaya Sanhita, 2023

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.

Reviewed by LegalX Editorial · 3 September 2026View source

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