All children aged 7 to 12 are automatically excused from any offence.

The excuse only applies if the specific child is shown to lack sufficient maturity to understand the nature and consequences of the act — courts examine each case individually.

This section means children under 12 can never face any legal consequences.

Children found to have understood their actions can still be held responsible, and separate laws like the Juvenile Justice Act govern how children in conflict with law are handled procedurally.

Bharatiya Nyaya Sanhita, 2023

Section 21

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

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.§

Why this exists

This provision continues a long-standing principle in Indian criminal law (earlier found in Section 83 of the Indian Penal Code, 1860) known in common law as 'doli incapax' — the idea that criminal responsibility requires a mind capable of understanding right from wrong and foreseeing consequences. Very young children are presumed to lack full moral and cognitive development, so the law creates a middle zone (ages 7–12) where guilt depends on proof of the child's actual maturity, rather than age alone.

How courts read it

Under the identical earlier provision (Section 83 IPC), Indian courts have treated the immunity as a rebuttable question of fact: the prosecution or the surrounding circumstances must show the child actually understood the nature and consequences of the act for liability to attach. Courts have looked at the child's conduct before, during, and after the act (such as attempts to hide evidence or run away) as evidence of maturity. Because case law interpreting this specific successor provision under the BNS is still developing, no definitive Supreme Court ruling under Section 21 BNS itself can be cited yet.

Common misconceptions

Myth: All children aged 7 to 12 are automatically excused from any offence.
Fact: The excuse only applies if the specific child is shown to lack sufficient maturity to understand the nature and consequences of the act — courts examine each case individually.
Myth: This section means children under 12 can never face any legal consequences.
Fact: Children found to have understood their actions can still be held responsible, and separate laws like the Juvenile Justice Act govern how children in conflict with law are handled procedurally.