Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section93: 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 dies in consequence of the exposure.
Brief Detail
BNS Section 93 deals with the criminal act of exposing or abandoning a child under twelve years of age. It specifies that if a parent or caretaker leaves such a child in any place with the intention of fully abandoning them, they can be punished with imprisonment for up to seven years, a fine, or both. Additionally, this section does not prevent the offender from being tried for murder or culpable homicide if the child dies as a result of the exposure.
Question & Answers
Q1: What is the punishment for a parent or caretaker who abandons a child under twelve years of age?
A1: The punishment can be imprisonment of either description for up to seven years, a fine, or both.
Q2: Does BNS Section 93 prevent the trial for murder if the child dies due to abandonment?
A2: No, BNS Section 93 does not prevent the trial of the offender for murder or culpable homicide if the child dies as a result of the exposure.
Q3: Who can be punished under BNS Section 93?
A3: The punishment applies to a father, mother, or any person having the care of a child under the age of twelve years who abandons the child.
Q4: What is the intention required for the act to be punishable under this section?
A4: The intention required is to wholly abandon the child.
Example
1. Case 1: A father deliberately leaves his 10-year-old child in a remote location with no intention of returning. He is found guilty under BNS Section 93 and sentenced to five years of imprisonment.
2. Case 2: A caretaker abandons a 7-year-old child in a park with the intent to leave them permanently. The caretaker is fined and sentenced to two years in prison.
3. Case 3: A mother exposes her infant in a deserted area, and the child subsequently dies due to exposure. The mother faces charges under BNS Section 93 and is also tried for culpable homicide.
Summary
BNS Section 93 addresses the criminal offense of exposing or abandoning a child under twelve years of age by a parent or caretaker. It provides for imprisonment of up to seven years, a fine, or both. The section ensures that offenders can still be prosecuted for more severe crimes like murder or culpable homicide if the child dies due to the exposure.
