Bharatiya Nyaya Sanhita, 2023
BNS Section 93
Exposure and abandonment of child under twelve years of age, by parent or person having care of it
In one line
BNS Section 93 deals with exposure and abandonment of child under twelve years of age, by parent or person having care of it and replaces IPC 317.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 93 | Exposure of a child under 12 years of age by parent or person having care of it with intention of wholly abandoning it. | Imprisonment for 7 years, or fine, or both. | Cognizable. | Bailable. | Magistrate of the first class. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 93
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.
Frequently asked
What was BNS Section 93 in the IPC?
BNS Section 93 (Exposure and abandonment of child under twelve years of age, by parent or person having care of it) replaces Section 317 of the Indian Penal Code, 1860. IPC 317 is now BNS 93.
What is the punishment under BNS 93?
Exposure of a child under 12 years of age by parent or person having care of it with intention of wholly abandoning it – punishable with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Under the First Schedule to the BNSS, 2023 it is cognizable and bailable, triable by magistrate of the first class.
Is BNS 93 bailable?
Bailable: BNS 93. Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 88 — Causing miscarriage
- BNS 89 — Causing miscarriage without woman’s consent
- BNS 90 — Death caused by act done with intent to cause miscarriage
- BNS 91 — Act done with intent to prevent child being born alive or to cause to die after birth
- BNS 92 — Causing death of quick unborn child by act amounting to culpable homicide
- BNS 94 — Concealment of birth by secret disposal of dead body
- BNS 95 — Hiring, employing or engaging a child to commit an offence
- BNS 96 — Procuration of child
- BNS 97 — Kidnapping or abducting child under ten years of age with intent to steal from its person
- BNS 98 — Selling child for purposes of prostitution, etc