Act of a child above seven and under twelve of immature understanding
Nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.
Key Points for BNS-21:
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Age Range and Legal Exemption:
BNS-21 provides conditional immunity from criminal liability for children who are above seven years old but under twelve. Unlike BNS-20 (which grants absolute immunity for children under seven), BNS-21 allows for the possibility of criminal responsibility if the child is deemed to have sufficient understanding. However, if a child in this age group is found to be immature and lacking sufficient understanding of the nature and consequences of their actions, they are exempt from criminal punishment.
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Maturity of Understanding:
The key factor in determining whether a child in this age group can be held responsible is their maturity of understanding. The law acknowledges that children develop at different rates and that some children under twelve may not have the ability to fully comprehend the moral, legal, or practical implications of their actions. If a child has not attained sufficient maturity to judge the consequences of their behavior, their act is not considered an offence.
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Evaluation of Understanding:
Determining whether a child has sufficient maturity is typically a matter for the Court to decide. Factors that may be taken into consideration include the child’s intellectual development, education, mental capacity, and the specific circumstances under which the act was committed. It is assessed on a case-by-case basis. This is crucial because not all children of the same age have the same level of awareness or judgment.
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Concept of Limited Criminal Responsibility:
While children between seven and twelve years of age are not automatically exempt from criminal liability, BNS-21 introduces the concept of limited responsibility. If a child in this age group is found to have sufficient understanding of the consequences of their conduct, they can be held accountable for their actions, though they may still be treated with leniency due to their age.
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Nature and Consequences of Conduct:
The law focuses on the child’s ability to understand the nature of the act (i.e., whether they realize that it is wrong or harmful) and the consequences (i.e., the impact their actions will have on others or on themselves). If a child is unaware of these aspects at the time of committing the act, they are shielded from criminal responsibility under BNS-21.
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Judicial Discretion and Flexibility:
BNS-21 gives the Court discretion in deciding whether a child should be held responsible for an act. This flexibility is important because it prevents the automatic criminalization of children who may not have the capacity to understand their actions, while still allowing for the possibility of holding those with adequate maturity accountable.
Conclusion:
BNS-21 provides conditional legal immunity for children aged seven to twelve based on their level of understanding. A child who has not developed the maturity to comprehend the nature and consequences of their actions is not considered criminally liable. This provision allows for a fair and individualized assessment of a child's capacity to be held responsible, ensuring that only those children who fully understand their actions may face legal consequences.
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