Section 93 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 93 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the offense of exposing or abandoning a child under twelve years of age by a parent or any person responsible for the child's care. This provision aims to protect vulnerable children from neglect and harm.
📜 Text of Section 93
Exposure and abandonment of child under twelve years of age, 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 Elements of the Offense
Offender: The individual must be the father, mother, or any person entrusted with the care of the child.
Child's Age: The child must be under twelve years of age
Act: The act of exposing or leaving the child in any place.
Intention: The intention of wholly abandoning the child.
🛡️ Purpose and Protection
The primary objective of Section 93 is to safeguard children under twelve years of age from neglect and abandonment. By criminalizing such acts, the law holds parents and caregivers accountable for the well-being of their children, ensuring that they are not left in vulnerable situations that could lead to harm or exploitation.
⚠️ Legal Implications
Punishment: If convicted under Section 93, the offender may face imprisonment for up to seven years, a fine, or both.
Additional Charges: If the child dies as a result of the exposure or abandonment, the offender may also be charged with more severe offenses such as murder or culpable homicide.(
📌 Example Scenario
Scenario: A mother, facing financial difficulties, leaves her eight-year-old child in a park with the intention of abandoning them. The child is later found and rescued.
Legal Outcome: The mother could be charged under Section 93 for exposing and abandoning her child. If the child had died as a result of this act, the mother could face charges of murder or culpable homicide in addition to the charges under Section 93.
RELATED Blog
0 comments