August 9, 2025

BNS Section 95 – Hiring, employing or engaging a child to commit an offence

Amit Kapoor04 mins

IPC Section – New offence

Whoever hires, employs or engages any child
to commit an offence shall be punished with
imprisonment of either description which shall not
be less than three years but which may extend to ten
years, and with fine; and if the offence be committed
shall also be punished with the punishment provided
for that offence as if the offence has been committed by
such person himself.
Explanation. —Hiring, employing, engaging or using a
child forsexual exploitation or pornography is covered
within the meaning of this section.
Cognizable offence

Hiring, employing or engaging a child to commit an offence

Whoever hires, employs or engages any person below the age of eighteen years to commit an offence shall be punished with imprisonment of either description or fine provided for that offence as if the offence has been committed by such person himself.

Explanation
Hiring, employing, engaging or using a child for sexual exploitation or pornography is covered within the meaning of this section.

Key Points of BNS-95

Section BNS-95 of the Bharatiya Nyaya Sanhita (BNS) criminalizes the act of involving a minor (anyone below the age of 18) in committing an offense.

1. Hiring, Employing, or Engaging

  • This section applies to any individual who hires, employs, or engages a child to commit an offense. The adult is held responsible for the minor’s participation in criminal activities.

2. Punishment

  • The punishment for such an offense is imprisonment or a fine, equivalent to the punishment the law prescribes for the offense committed, as if the adult had committed the act themselves.

3. Inclusion of Exploitation

  • Section BNS-95 also includes sexual exploitation and pornography, where a child is used or employed for such purposes.

Summary of BNS-95:

  • Offense: Hiring, employing, or engaging a child to commit an offense.
  • Punishment: Imprisonment for not less than 3 years, which may extend to 10 years, and a fine.
  • Cognizable or Non-cognizable: Cognizable.
  • Bailable or Non-bailable: Non-bailable.
  • Court: Triable by a Magistrate of the First Class.
  • Offense (if the offense is committed by the child):
    • Punishment: Same as for the offense committed.
    • Cognizable or Non-cognizable: Cognizable.
    • Bailable or Non-bailable: Non-bailable.
    • Court: Triable by the court where the offense committed is triable.