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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 BNS Section 95
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.
Disclaimer: The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
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 and its Equivalent IPC section
This section outlines the key differences between Section 95 of BNS and its equivalent 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. |
Why Choose Vakilsearch for Bharatiya Nyaya Sanhita (BNS)?
Understanding the new Bharatiya Nyaya Sanhita (BNS) laws can be confusing, but Vakilsearch is here to make it easy for you. Here’s why we’re the right choice:
- Expert Help: Our lawyers know the BNS sections inside out and can guide you through how the new laws apply to you or your business
- Simple and Clear: We break down all the legal jargons into simple language, so you can easily understand what steps to take
- Personalised Service: Whether you need help with specific BNS sections for women or other legal concerns, we provide advice and support tailored to your situation
- Experienced Team: We’ve helped thousands of clients understand about the old IPC sections, and now we’re ready to help you transition smoothly to the new BNS laws.
FAQs about Section 95 of the Bharatiya Nyaya Sanhita (BNS)
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