BNS Section 95 : Hiring, Employing or Engaging a Child to Commit an Offence
Section 95 of BNS is part of Chapter 5 - Offences Against Women and Children Of Sexual Offences in Bharatiya Nyaya Sanhita 2023 Act. It addresses the offense of hiring, employing, or engaging a child to commit an offense. This section criminalises the exploitation of children for illegal activities, holding the responsible individuals accountable for their actions.
Definition of BNS Section 95
Section 95 of the BNS 2023 States:
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 and Illustration of Section 95 (Bharatiya Nyaya Sanhita, 2023)
Section 95 seeks to penalise anyone who exploits children by hiring, employing, or engaging them in any criminal activity, including but not limited to sexual exploitation. This section ensures that those who use children for unlawful purposes are held accountable and face serious consequences, including imprisonment and fines.
Illustration 1:
An individual hires a child to smuggle drugs. The child is caught committing the offense, but the person who employed the child will also face up to ten years in prison and a fine as if they themselves had committed the crime.
Key Points of BNS Section 95
Section BNS-95 of the Bharatiya Nyaya Sanhita (BNS) criminalises involving a minor (under 18) in committing an offense.
- Hiring, Employing, or Engaging: It applies to anyone who hires, employs, or engages a child in criminal activities, making the adult responsible for the child’s participation
- Punishment: The punishment for such an act includes imprisonment or fine, equivalent to the penalty for the offense, as if the adult had committed it themselves
- Inclusion of Exploitation: The section also covers sexual exploitation and pornography, where a child is used for such illegal purposes.
Differences Between Section 95 of BNS 2023 and its Equivalent IPC section
This section outlines the key differences between Section 95 and its equivalent Indian penal code IPC section 318 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 |
|---|---|---|---|
| 95 | Hiring, employing or engaging a child to commit an 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. |
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FAQs about Section 95 of the Bharatiya Nyaya Sanhita (BNS)
What is the purpose of Section 95?
The purpose of Section 95 of the Bharatiya Nyaya Sanhita (BNS), 2023 is to deter individuals from employing, hiring, or engaging children to commit criminal acts.
Who can invoke Section 95?
Section 95 can be invoked by law enforcement authorities, including the police, or any individual who is aware that a child has been employed or engaged to commit an offense. The individual responsible for hiring or engaging the child in the criminal activity can also be directly prosecuted under this section.
Does Section 95 apply to medical negligence?
No, Section 95 does not apply to medical negligence. This section is specifically concerned with criminal offenses that involve hiring or engaging children to commit unlawful acts. Medical negligence falls under different legal provisions and does not relate to the use of children in crimes.
Are there limits to Section 95’s protection?
Yes, Section 95 applies specifically to offenses where a child is employed or engaged in committing the crime. It does not extend to general child protection laws or cover all forms of child abuse.
Does Section 95 cover harm caused during emergencies?
No, Section 95 does not typically apply to harm caused during emergencies. The law is aimed at preventing the deliberate exploitation of children for committing crimes.
How does a court determine good faith under Section 95?
Section 95 does not directly address the concept of good faith in its provisions. The law is clear that if a child is hired or employed to commit a criminal act, the person responsible will be penalised.
Is there a precedent for Section 95 in Indian law?
Yes, Section 95 follows the broader framework of child protection laws and similar provisions found in Indian law, such as those under the Indian Penal Code (IPC), which criminalises the exploitation and abuse of children in various contexts.
