IPC Section 82 and BNS Section 20: Child Under Seven Years of Age
Section 82 of the Indian Penal Code, 1860 (IPC) establishes an absolute exemption from criminal liability for an act committed by a child under seven years of age. Its corresponding provision in the Bharatiya Nyaya Sanhita, 2023 (BNS) is Section 20, which retains the same age threshold.
Current law: BNS Section 20
Section 20 of the Bharatiya Nyaya Sanhita, 2023 is titled Act of a child under seven years of age. Its statutory text states:
Nothing is an offence which is done by a child under seven years of age.
The BNS generally came into force on 1 July 2024. Section 20 provides a complete criminal-law exemption based on age: where the child was below seven at the time of the act, the prosecution cannot establish an offence by that child under this provision. There is no separate test of the child's understanding for this age group.
See the official Bharatiya Nyaya Sanhita, 2023 (India Code PDF), Section 20.
IPC Section 82: statutory provision
The text of Section 82 of the Indian Penal Code, 1860 is:
Nothing is an offence which is done by a child under seven years of age.
This rule is traditionally described as doli incapax, meaning that a child below the statutory minimum age is conclusively treated as incapable of committing a criminal offence. The provision addresses criminal liability, not whether a harmful event occurred or whether other legal measures may be appropriate.
How the age requirement operates
- Age at the time of the act: The relevant question is whether the child had completed seven years when the alleged conduct occurred, not the child's age when a complaint is filed or a case is heard.
- Below seven: The statutory exemption is absolute; the seriousness of the alleged act does not create an exception to Section 82 IPC or Section 20 BNS.
- Seven to under twelve: A different, conditional rule applies under IPC Section 83 and BNS Section 21. Whether the child has sufficient maturity to judge the nature and consequences of the conduct becomes relevant.
- Older children: Juvenile justice law may govern the process and available responses; it should not be confused with the absolute exemption for children under seven.
Illustrative examples
Example 1: A six-year-old accidentally breaks a shop window while playing. Section 20 BNS (or Section 82 IPC for an offence governed by the earlier law) excludes criminal liability for the child because the child is under seven.
Example 2: A six-year-old deliberately takes another child's toy. Even if the act might otherwise satisfy the elements of an offence, the absolute statutory age exemption applies. The child's intent does not override the age rule.
Example 3: An eleven-year-old is alleged to have committed an offence. The automatic under-seven exemption does not apply. The conditional maturity provision and applicable juvenile justice safeguards must instead be considered.
Frequently asked questions
What is the BNS equivalent of IPC Section 82?
Section 20 of the Bharatiya Nyaya Sanhita, 2023, titled "Act of a child under seven years of age."
Can a child below seven be convicted of an offence?
No. An act committed by a child under seven is not an offence under this statutory rule.
Does the rule depend on the child's intelligence or intention?
No. For children below seven the exemption is absolute. Maturity is relevant to the separate rule for children aged seven to under twelve.
What if the child turns seven before the trial?
The relevant age is the child's age when the act occurred. Turning seven later does not retrospectively remove the exemption.
Official legal references
Bharatiya Nyaya Sanhita, 2023 - official PDF (Sections 20, 21 and 358) | India Code - official statutes and amendments.
This article is general legal information. The applicable law depends on the date of the alleged conduct and the facts of the case.