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According to Section 20 of the Bharatiya Nyaya Sanhita, 2023, nothing is an offence which is done by a…

Under Section 20 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 82 of the Indian Penal Code, 1860), 'Nothing is an offence which is done by a child under seven years…

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According to Section 20 of the Bharatiya Nyaya Sanhita, 2023, nothing is an offence which is done by a child below the age of ________ years.

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Answer and explanation

Correct answer C

Under Section 20 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 82 of the Indian Penal Code, 1860), 'Nothing is an offence which is done by a child under seven years of age.' This embodies the conclusive presumption of doli incapax (incapacity to commit a crime) for children below 7 years of age, whereas Section 21 BNS (formerly Section 83 IPC) provides qualified immunity for a child above 7 and under 12 years of age who has not attained sufficient maturity of understanding.

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Option A

Incorrect. The statutory threshold of absolute immunity (doli incapax) under Section 20 BNS, 2023 is 7 years, not 8 years.

Option B

Incorrect. 10 years is neither the absolute immunity threshold under Section 20 BNS nor the upper limit of qualified immunity under Section 21 BNS (which applies above 7 and under 12 years).

Option C

Correct. Section 20 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 82 of the IPC) provides that nothing is an offence which is done by a child under 7 years of age.

Option D

Incorrect. Under Section 21 BNS, 2023 (formerly Section 83 IPC), a child above 7 years of age and under 12 years of age enjoys only qualified immunity if the child has not attained sufficient maturity of understanding.

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