Act of a child above seven and under twelve years of age of immature understanding
Section 21 of the Bharatiya Nyaya Sanhita, 2023 deals with 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. The Act came into force on 01 Jul 2024.
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.
Section 21, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
Replaces a provision of the Indian Penal Code
IPC 83 Act of a child above seven and under twelve of immature understanding Text carried over almost unchanged 96%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Pankaj Kumar @ Pappu Singh @ Pankaj Prasad Singh and Anr. vs State of Bihar& ANR.
Decided under Indian Penal Code 83, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The High Court has the power to quash orders of subordinate courts issuing criminal processes when the petitioners provide an undertaking to appear before the concerned court and when the circumstances warrant such relief. The acceptance of such undertaking and the willingness of the accused to face the trial can be grounds for setting aside the processes.
On this section: Criminal processes were issued under this section by the trial court; the High Court set aside these processes
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Anandita Banerjee/court Onits Own Motion vs State
Decided under Indian Penal Code 83, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The High Court, while exercising its writ jurisdiction in criminal matters, can direct the police to take appropriate action for the arrest of absconding accused and ensure that they are tried according to law, while also considering applicable provisions regarding criminal responsibility such as Sections 82 and 83 IPC.
On this section: Act of a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act or that he is doing what is wrong or contrary to law
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 21
What have the courts held on Section 21 of the Bharatiya Nyaya Sanhita?
Pankaj Kumar @ Pappu Singh @ Pankaj Prasad Singh and Anr. vs State of Bihar& ANR. (17 Nov 2014) is the leading judgment on this section among those set out below, though it was decided under IPC 83, which this section replaced -- the court never mentioned this Act: Criminal processes were issued under this section by the trial court; the High Court set aside these processes. Another 1 judgment on this section is set out below. They run from 2003 to 2014.
How do I find court cases under Section 21 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 21, section 21 BNS, section 21 of the Bharatiya Nyaya Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Pankaj Kumar @ Pappu Singh @ Pankaj Prasad Singh and Anr. vs State of Bihar& ANR. (17 Nov 2014).
What should I read with Section 21 of the Bharatiya Nyaya Sanhita, and has it changed?
It carries forward IPC 83 (Act of a child above seven and under twelve of immature understanding), so the judgments decided under that provision are the case law on this one.
When did Section 21 of the Bharatiya Nyaya Sanhita come into force?
Section 21 of the Bharatiya Nyaya Sanhita, cited as BNS 21, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
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Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.