BNS Section 93 – Exposure and abandonment of child under twelve years, by parent or person having care of it

Amit Kapoor03 mins

Exposure and abandonment of child under twelve years, by parent or person having care of it

Whoever being the father or mother of a child under the age of twelve years, or having the care of such child, shall expose or leave such child in any place with the intention of wholly abandoning such child, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

Explanation
This section is not intended to prevent the trial of the offender for murder or culpable homicide, as the case may be, if the child die in consequence of the exposure.

Key Points of BNS-93

Section BNS-93 addresses the crime of abandoning or exposing a child under the age of twelve by the parents or caregivers, emphasizing the serious consequences of such actions.

1. Who Can Be Held Liable?

  • The law applies to the father or mother of the child, or anyone who has care or custody of the child. This includes guardians, custodians, or anyone responsible for the child’s well-being.

2. Definition of Abandonment

  • Abandonment refers to leaving the child in any place with the intention of permanently deserting or completely relinquishing responsibility for the child.

3. Punishment

  • The act is punishable by imprisonment for up to seven years, a fine, or both, depending on the severity of the act and its consequences.

4. Child’s Age

  • This section specifically protects children under the age of twelve, who are considered highly vulnerable and in need of care and protection.

5. Seriousness of the Offense

  • The law is designed to prevent parents or caregivers from evading their responsibilities, treating the abandonment of a child as a severe criminal offense.

Summary of BNS-93:

  • Offense: Exposure of a child under 12 years of age by a parent or person having care of the child, with the intention of wholly abandoning it.
  • Punishment: Imprisonment for up to 7 years, a fine, or both.
  • Cognizable or Non-cognizable: Cognizable.
  • Bailable or Non-bailable: Bailable.
  • Court: Triable by a Magistrate of the First Class.

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