Section 93 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 93 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the offence of exposing or abandoning a child under twelve years of age by a parent or person responsible for the child's care.
📜 Text of Section 93
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 dies in consequence of the exposure.
⚖️ Key Elements of the Offence
Offender: The offence applies to the father or mother of the child, or any person having the care of the child.
Child's Age: The child must be under twelve years of age
Action: The act of exposing or leaving the child in any place.
Intent: The intention must be to wholly abandon the child
🛡️ Punishment
The punishment for this offence may include
A fine
Both imprisonment and fine.
⚠️ Legal Implications
The explanation clarifies that this section does not preclude the trial of the offender for more severe offences, such as murder or culpable homicide, if the child dies as a result of the exposure.
🔄 Comparison with IPC
Section 93 of the BNS aligns with the provisions of Section 317 of the Indian Penal Code (IPC), 1860, which also criminalizes the exposure and abandonment of children. The BNS, however, provides a more detailed framework addressing various aspects of child protection offences.
RELATED Blog
0 comments