Under Section 20 of the Bharatiya Nyaya Sanhita, 2023, which of the following best describes the principle of Doli Incapax?

  1. No child under 7 years can be held guilty of any offence
  2. No person under 18 years can be convicted without trial
  3. Nothing is an offence done by a child under 12 years who has not attained sufficient maturity to judge the nature and consequences of the act
  4. A child above 12 years is presumed incapable of committing an offence

Answer (Detailed Solution Below)

Option 3 : Nothing is an offence done by a child under 12 years who has not attained sufficient maturity to judge the nature and consequences of the act

Detailed Solution

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The correct answer is Option 3

Key Points

  • Section 20 of the BNS states that a child under 12 years is not criminally liable if they lack sufficient maturity to understand their conduct.
  • This embodies the doctrine of Doli Incapax, recognizing that criminal intention cannot be presumed in young children unless maturity is clearly established.
  • This section merges and modernizes the principles earlier found in Sections 82 and 83 of the IPC. 
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