The minimum age of criminal responsibility (MACR) refers to the lowest age at which a child can be held legally accountable for alleged criminal offences. Upon reaching this age, a child may be deemed capable of bearing criminal liability. It is a standard principle in all criminal justice systems that youthful immaturity can negate criminal responsibility. Article 40(3)(a) of the United Nations Convention on the Rights of the Child (UNCRC) obliges States Parties to establish “a minimum age below which children shall be presumed not to have the capacity to infringe the penal law.” In Brunei Darussalam, the MACR is governed by both section 82 and section 83 of the Penal Code (Cap. 22), as well as section 12 and section 13 of the Syariah Penal Code (Cap. 275). This paper aims to examine the doctrinal foundations and implications of the current MACR in Brunei Darussalam, in comparison with international standards and selected jurisdictions. A doctrinal legal approach with comparative elements is adopted. The paper concludes that, due to Brunei Darussalam’s dual criminal justice system, the MACR is governed under two parallel legal frameworks. This may result in inconsistencies in age thresholds. The paper recommends the harmonisation of the MACR across both systems. The paper also recommends the codification of the Syariah concepts of tamyiz (discernment) and baligh (puberty) to ensure legal clarity and consistency.
DOI: 10.59324/ejahss.2026.3(3).27
Publication Date: 2026-06-17