According to Section 21 of the BNS, 2023, a child between 7 and 12 years of age is not criminally liable if:

  1. The offence committed is not serious
  2.  The child acts under parental guidance
  3. The child has not attained sufficient maturity to understand the nature and consequences of the act
  4. The child confesses to the crime

Answer (Detailed Solution Below)

Option 3 : The child has not attained sufficient maturity to understand the nature and consequences of the act

Detailed Solution

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The correct answer is Option 3

Key Points

  • Section 21 of the Bharatiya Nyaya Sanhita, 2023 states: "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."
  • This section:
    • Recognizes that children in the 7-12 age group are in a transitional maturity stage.
    • Their criminal liability depends on whether they had the maturity to understand the wrongful nature of the act at the time it was committed.
    • It is a question of fact in each case, to be determined by the court.
  • This provision corresponds to Section 83 of the IPC.
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