Bharatiya Nyaya Sanhita, 2023
BNS Section 95
Hiring, employing or engaging a child to commit an offence
In one line
BNS Section 95 deals with hiring, employing or engaging a child to commit an offence; it is a new provision with no IPC equivalent.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 95 | Hiring, employing or engaging a child to commit an offence. | Imprisonment for not less than 3 years but which may extend to 10 years and fine. | Cognizable. | Non-bailable. | Magistrate of the first class. |
| 95 | If offence be committed. | Same as for the offence committed. | Cognizable. | Non-bailable. | Court by which offence committed is triable. |
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 95
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. Explanation.—Hiring, employing, engaging or using a child for sexual exploitation or pornography is covered within the meaning of this section.
Frequently asked
What is the punishment under BNS 95?
Hiring, employing or engaging a child to commit an offence – punishable with imprisonment of either description which shall not be less than three years but which may extend to ten years, and with fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by magistrate of the first class.
Is BNS 95 bailable?
Non-bailable: BNS 95, 95. 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 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 93 — Exposure and abandonment of child under twelve years of age, by parent or person having care of it
- BNS 94 — Concealment of birth by secret disposal of dead body
- 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
- BNS 99 — Buying child for purposes of prostitution, etc
- BNS 100 — Culpable homicide