Child
Also called: Minor child
Under Section 2(3) of the BNS a child is any person below eighteen years of age. Special statutes use the same age with small variations, and child marriage law sets twenty one for males.
Explained
Section 2(3) of the BNS defines "child" as any person below the age of eighteen years. The IPC had no general definition of child; the BNS adds one and uses it across offences such as those against children and the employment of a child to commit an offence. The age of eighteen is the common thread in Indian child protection law, but the wording and coverage vary from statute to statute, and examiners exploit those variations.
Section 2(1)(d) of the POCSO Act, 2012 uses the same words as the BNS: any person below eighteen. Section 2(12) of the Juvenile Justice (Care and Protection of Children) Act, 2015 speaks of a person who has not completed eighteen years, and Section 2(13) builds on it for a "child in conflict with law", judged by age on the date of the offence. Section 2(f) of the Digital Personal Data Protection Act, 2023 also uses the completed age of eighteen and requires verifiable parental consent for processing a child's data under Section 9. Section 2(b) of the Protection of Women from Domestic Violence Act, 2005 extends "child" to an adopted, step or foster child below eighteen. The outlier is Section 2(a) of the Prohibition of Child Marriage Act, 2006: a male is a child until he completes twenty one years and a female until she completes eighteen.
Separate from the definition is criminal responsibility. Under Section 20 of the BNS nothing is an offence done by a child under seven years. Under Section 21 a child above seven and under twelve is protected only if he has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct. These rules correspond to Sections 82 and 83 of the IPC.
Examiners test the definition in Section 2(3) of the BNS, the different male age in child marriage law, the extended domestic violence meaning, and the doli incapax ages of seven and twelve.
What the law says
(3) “child” means any person below the age of eighteen years;
Section 2(3): child means person below eighteen
Earlier law: IPC 33. “Act”. “Omission”; 47. “Animal”.; New Sub-Section; 28. “Counterfeit”.; 20. “Court of Justice”.; 46. “Death”.; 24. “Dishonestly”.; 29. “Document”.; 25. “Fraudulently”; 8. Gender.; 52. “Good faith”; 17. “Government”.; 52A. “Harbour“.; 44. “Injury”.; 43. “Illegal”. “Legally bound to do”.; 19. “Judge”.; 45. “Life”.; 42. “Local law”.; 10. “Man”. “Woman”.; 49. “Year”. “Month”.; 22. “Movable property”; 9. Number.; 51. “Oath”.; 40. “Offence”.; 33. “Act”. “Omission”; 11. “Person”.; 12. “Public”.; 21. “Public servant”.; 26. “Reason to believe”
(d) “child” means any person below the age of eighteen years;
Section 2(1)(d): child for sexual offences
(12) “child” means a person who has not completed eighteen years of age;
Sections 2(12) and 2(13): child and child in conflict with law
(a) “child” means a person who, if a male, has not completed twenty-one years of age, and if a female, has not completed eighteen years of age;
Section 2(a): different ages for male and female
Nothing is an offence which is done by a child under seven years of age.
No offence by a child under seven
Earlier law: IPC 82. Act of a child under seven years of age.
Nothing is an offence which is done by a child above seven years of age and under twelve years of age, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion.
Child of seven to twelve of immature understanding
Earlier law: IPC 83. Act of a child above seven and under twelve of immature understanding.
For the exam
- Section 2(3) BNS: child means any person below eighteen years. The IPC had no such general definition.
- Prohibition of Child Marriage Act: male under twenty one, female under eighteen.
- PWDV Act includes adopted, step and foster children below eighteen.
- Absolute immunity below seven (Section 20 BNS); qualified immunity from seven to twelve (Section 21 BNS).
- JJ Act tests child in conflict with law by age on the date of the offence (Section 2(13)).
1,284 questions in the Law Maker question bank use this term. Practise Bharatiya Nyaya Sanhita questions
Judgments
Related terms
- MinorA person who has not attained majority, which in India is ordinarily the completion of eighteen years. A minor cannot contract, and his agreement is void.
- Child in conflict with lawUnder Section 2(13) of the JJ Act, 2015, a child alleged or found to have committed an offence who had not completed eighteen years on the date of the offence.
- Abandoned childA child deserted by his biological or adoptive parents or guardians who has been declared abandoned by the Child Welfare Committee after due inquiry (Section 2(1) of the JJ Act, 2015).
- Child marriageUnder Section 2(b) of the Prohibition of Child Marriage Act, 2006, a marriage to which either contracting party is a child, that is, a male under 21 or a female under 18.
- Doli incapaxIncapable of crime. A child below a certain age is treated as unable to form a guilty mind, so his act is not an offence. In India this is Sections 20 and 21 of the BNS.
- WomanUnder Section 2(35) of the BNS, a female human being of any age. Other statutes, such as labour and ART laws, adopt narrower meanings for their own purposes.
Further reading
- The Bharatiya Nyaya Sanhita, 2023, official text on India Code
- The Protection of Children from Sexual Offences Act, 2012, official text on India Code
- The Juvenile Justice (Care and Protection of Children) Act, 2015, official text on India Code
- The Prohibition of Child Marriage Act, 2006, official text on India Code
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.