Section 20 of the Bharatiya Nyaya Sanhita, 2023 lays down the rule of:
Section 20 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 82 of the Indian Penal Code, 1860) lays down an absolute and irrebuttable presumption of doli incapax…
Choose your answer
Section 20 of the Bharatiya Nyaya Sanhita, 2023 lays down the rule of:
Answer and explanation
Correct answer A
Section 20 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 82 of the Indian Penal Code, 1860) lays down an absolute and irrebuttable presumption of doli incapax (wholly incapax) for a child under seven years of age, whereas Section 21 BNS (formerly Section 83 IPC) lays down a qualified rule (partially incapax) for a child above seven and under twelve years of age.
Option feedback
Option A
Correct. Section 20 of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Section 82 of the erstwhile Indian Penal Code, 1860) provides that nothing is an offence which is done by a child under seven years of age. It embodies the conclusive presumption of doli incapax — that a child below seven years is wholly incapax (completely incapable of committing a crime).
Option B
Incorrect. Partial or qualified incapacity (depending on whether a child above seven and under twelve years of age has attained sufficient maturity of understanding) is governed by Section 21 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 83 of the Indian Penal Code, 1860), not Section 20 BNS / Section 82 IPC.
Option C
Incorrect. Section 20 BNS (formerly Section 82 IPC) lays down only the rule of absolute incapacity (wholly incapax) for children under seven years of age (involuntary intoxication is governed by Section 23 BNS / Section 85 IPC).
Option D
Incorrect. Section 20 BNS (formerly Section 82 IPC) lays down the rule of wholly incapax for children under seven years of age (unsoundness of mind is governed by Section 22 BNS / Section 84 IPC).
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