Bharatiya Nyaya Sanhita, 2023 · Chapter III: General Exceptions
Section 21: Act of a child above seven and under twelve years of age of immature understanding
In plain words
A child above seven and under twelve years of age does not commit an offence if they were not mature enough at the time to understand the nature and consequences of what they did. Unlike a child under seven, this is decided case by case.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Read the in-depth explanation, with key Supreme Court rulings ↓
Official text
Nothing is an offence which is done by a child above seven years of age and under twelve years of age, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 25 August 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Understanding this section
Section 21 carries forward section 83 of the IPC: a child above seven and under twelve is not liable if they lacked sufficient maturity to judge the nature and consequences of their conduct on that occasion.
Key points
- Immunity depends on the child's maturity on that occasion.
- Conduct before and after the act, such as concealment, shows understanding.
- The defence must show immaturity.
Common mistakes
- Assuming every child under twelve is protected.
Read with: Section 20 BNS, Section 83 IPC
Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.
Supreme Court judgments citing the section 21
No Supreme Court judgment in our database cites this section yet.