● Retained in BNS
For a child aged 7 to under 12, criminal liability turns on whether they had sufficient maturity to understand the nature and consequences of their conduct -- the doli incapax rule, unchanged under BNS Section 21 from IPC 83.
Section 83 IPC provided that nothing is an offence which is done by a child above seven and under twelve years of age who had not attained sufficient maturity of understanding to judge the nature and consequences of their conduct on that occasion -- a case-by-case factual test, not an absolute bar like the under-seven rule.
BNS Section 21 reproduces the exception essentially verbatim, adding "years of age" after "twelve" in both the title and body for clarity -- no substantive change.
Nothing substantive changed -- a pure renumbering from IPC 83 to BNS 21 with a minor wording clarification.
This general exception is a defence turning on a factual finding: that the child, though between 7 and 12, lacked sufficient maturity of understanding to judge the nature and consequences of the specific conduct at the time.
Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons