Criminal Law

Infancy and Criminal Responsibility

Study Infancy and Criminal Responsibility with clear BNS rules, essential ingredients, leading cases, examples and concise exam-ready revision for law students.

By Advocate Aditya Sharma7 min read

Quick answer

A child under seven has absolute immunity, while a child above seven and under twelve is excused if insufficient maturity prevented understanding of the act and its consequences.

Rule and essential ingredients

A child under seven has absolute immunity, while a child above seven and under twelve is excused if insufficient maturity prevented understanding of the act and its consequences. Begin with the statutory language. Criminal liability follows only when the prosecution proves each required ingredient beyond reasonable doubt, subject to any applicable exception or statutory presumption.

Under seven

Section 20 creates a conclusive age-based rule. Capacity, intelligence and apparent planning do not remove the immunity.

Seven to under twelve

Section 21 asks whether the particular child had sufficient maturity to judge the nature and consequences of the conduct on that occasion.

Proof of maturity

Age records, behaviour before and after the event, concealment, planning, education and understanding may be relevant but none is mechanically decisive.

Application, limits and proof

A strong answer does not stop at a definition. It identifies the contested ingredient, compares the evidence with the statutory threshold and explains why nearby offences or defences do or do not apply.

Age at the act

The controlling date is when the alleged offence occurred, proved through reliable birth or school records and, where necessary, lawful age assessment.

Juvenile process

Criminal capacity under BNS is distinct from the special procedure and protections provided by juvenile justice legislation.

Landmark cases

Learn the facts, the rule and why the case matters. The citation alone will not strengthen an answer.

Krishna Bhagwan v. State of Bihar

1989 Cri LJ 128 Pat

Held: For a child between seven and twelve, maturity must be assessed from age, conduct and surrounding circumstances.

Use in an answer: Use this authority to explain the controlling test for infancy and criminal responsibility, then apply that test to the problem facts.

Salil Bali v. Union of India

(2013) 7 SCC 705

Held: Juvenile criminal justice rests on age-sensitive responsibility, care, protection and rehabilitation.

Use in an answer: Use this authority to explain the controlling test for infancy and criminal responsibility, then apply that test to the problem facts.

How to write this answer in an exam

  1. Open with the relevant BNS provision and its purpose.
  2. List the ingredients in the order in which they must be proved.
  3. Apply conduct, circumstances and mens rea separately.
  4. Address the closest distinction, defence or aggravated form.
  5. Conclude on liability and punishment without assuming disputed facts.

Quick revision

  • A child under seven has absolute immunity, while a child above seven and under twelve is excused if insufficient maturity prevented understanding of the act and its consequences.
  • Section 20 creates a conclusive age-based rule. Capacity, intelligence and apparent planning do not remove the immunity.
  • Section 21 asks whether the particular child had sufficient maturity to judge the nature and consequences of the conduct on that occasion.
  • The controlling date is when the alleged offence occurred, proved through reliable birth or school records and, where necessary, lawful age assessment.
  • The prosecution ordinarily bears the burden of proving every ingredient beyond reasonable doubt.

Test yourself

  1. What is the central legal test for infancy and criminal responsibility?
  2. Which fact establishes the required mental element?
  3. What nearby rule is most likely to be confused with this topic?

Frequently asked questions

What should an answer on infancy and criminal responsibility prove first?

Start with the charged BNS provision and the conduct it prohibits. Then prove the required circumstances and mental state separately before discussing punishment or a defence.

Are older IPC judgments still useful after BNS?

Yes, where the BNS language and principle remain materially similar. The current BNS text must lead, and an older case should not override a changed definition, ingredient or punishment.

Sources and further reading

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