BNS Section 93 : Exposure and Abandonment of a Child Under Twelve Years of Age, by a Parent or Person Having Care of It
Section 93 of BNS is part of Chapter 5 - Offences Against Women and Children Of Sexual Offences in Bharatiya Nyaya Sanhita 2023 Act. It addresses the crime of exposing and leaving a kid under the age of twelve unattended by a parent or other adult in charge of their care. This section criminalises the act of intentionally exposing or abandoning a young child in a manner that endangers their safety or well-being.
Definition of BNS Section 93
Section 93 of the BNS 2023 States:
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 and Illustration of BNS Section 93
Section 93 of the Bharatiya Nyaya Sanhita, 2023 specifically targets the father, mother, or anyone responsible for the care of a child under the age of 12 years who deliberately abandons the child with the intention of completely leaving them without care, supervision, or support.
Examples of Section 93
A mother leaves her six-year-old child at a busy train station with no supervision, intending to abandon the child without providing any means for the child’s well-being. Since the child is under 12 and the mother intentionally abandoned the child, she could face up to seven years of imprisonment, a fine, or both.
Key Points of BNS Section 93
Section BNS-93 addresses the crime of abandoning or exposing a child under the age of twelve by the parents or caregivers, highlighting the serious consequences of such actions.
Seriousness of the Offense: The law ensures child abandonment is treated as a severe criminal offense to hold caregivers accountable.
Differences Between Section 93 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 93 of BNS and its equivalent IPC section 317 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 93 | Exposure and abandonment of child under twelve years, by parent or person having care of it. | 317 | No change. |
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FAQs about Section 93 of the Bharatiya Nyaya Sanhita (BNS)
Who can be held liable under Section 93?
Parents, guardians, or individuals tasked with a child's care can be held liable under Section 93 if they expose or abandon the child in a way that endangers their safety or well-being, regardless of their intent.
What constitutes 'abandonment' under this section?
Abandonment refers to intentionally leaving a child under twelve without adequate care, supervision, or resources, thereby placing them in harm's way or subjecting them to significant risks.
Is accidental abandonment punishable?
Accidental abandonment does not fall under the scope of Section 93, as it specifically targets intentional acts. However, negligence leading to a child’s endangerment may be prosecuted under other provisions.
Does the law apply to all children under twelve?
Yes, the law protects all children under twelve years of age, irrespective of their circumstances, ensuring that every minor is safeguarded against exposure or abandonment.
What is the rationale behind this provision?
The provision aims to protect children from neglect and harm, recognising their vulnerability and dependence on caregivers. It ensures that those responsible for minors are held accountable for their safety.
Are there exceptions to Section 93?
Section 93 does not typically apply in situations where abandonment occurs due to uncontrollable circumstances like natural disasters, provided there is no malicious intent or negligence.
What are the penalties under Section 93?
The penalties for violating Section 93 may include imprisonment, a fine, or both, depending on the severity of the offense and the level of harm caused to the child.
