IPC 83 vs BNS 83
● Retained in BNSAct of a child above seven and under twelve of immature understanding
Section 83 of the Indian Penal Code, 1860, addresses the criminal responsibility of children aged between seven and twelve years. The section states that a child in this age group is not punishable for an offense if he has not attained sufficient maturity to understand the nature and consequences of the act.
This provision recognizes that children above seven may have partial understanding, but their mental and moral capacity to fully comprehend criminality may be limited. Therefore, the court must assess whether the child possessed enough understanding to form criminal intent (mens rea) at the time of the act.
For example, if a child aged ten commits theft but the court finds that the child did not understand the wrongful nature of taking someone else’s property, he cannot be held criminally liable.
IPC 83 ensures fairness by balancing protection of children with societal need for accountability. It allows judicial discretion in evaluating a child’s maturity and capacity to comprehend their actions.
Thus, IPC 83 protects partially mature children while maintaining the principle that criminal liability requires understanding and intention.
Act of a child above seven and under twelve of immature understanding
Section 83 of the Bharatiya Nyaya Sanhita, 2023, retains the principle of IPC 83, safeguarding children aged seven to twelve who may not fully comprehend the consequences of their actions.
Under BNS 83:
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A child above seven and under twelve is not liable for a criminal offense if the child lacks sufficient maturity to understand the wrongful nature of the act.
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Judicial discretion is allowed to determine whether the child possessed adequate understanding at the time of committing the act.
For instance, a child who commits theft or minor damage may be exempt from criminal liability if he is found immature to comprehend the nature of the offense. BNS 83 emphasizes protection, fairness, and proportionality in handling juvenile offenders.
By maintaining IPC 83’s principles, BNS 83 continues to provide legal protection to partially mature children, ensuring that only those capable of understanding their actions are held accountable. It promotes a humane approach while balancing the interest of society.
What changed?
This provision was carried over to the Bharatiya Nyaya Sanhita with substantially the same wording — the section was renumbered from IPC IPC 83 to BNS BNS 83.