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The Bharatiya Nyaya Sanhita states that, “Nothing is an offence if committed by a child…” of less than:
Question

The Bharatiya Nyaya Sanhita states that, “Nothing is an offence if committed by a child…” of less than:

A.

5 years of age.

B.

7 years of age.

C.

5 years of age but if over 5 years of age till 12 years of age, then the judge is to evaluate the mental capacity of the child.

D.

None of these.

Correct option is B

The provision corresponds to the principle of doli incapax, enshrined under Section 20 of the BNS, which states that a child below the age of 7 years is considered incapable of committing an offence. This is based on the presumption that a child below this age lacks the maturity to understand the nature and consequences of their actions.

Similarly, the Bharatiya Nyaya Sanhita, being a restructured form of criminal law, adheres to the same principle, exempting children below 7 years from criminal liability.

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