Introduction of Section 93 BNS
Section 93 BNS, 2023, protects children under twelve years from being abandoned or exposed by their parents or guardians. Since young children are highly vulnerable, the law makes it a punishable offense for anyone responsible for their care to desert them. If the child dies due to such abandonment, the offender may face even harsher charges, including culpable homicide or murder. This provision ensures that every child has a legal right to safety and protection.
The Bharatiya Nyaya Sanhita (BNS) Section 93 replaces the old Indian Penal Code (IPC) Section 315.
What is section 93 of BNS ?
BNS Section 93 punishes parents or guardians who expose or abandon a child under the age of twelve with the intention of completely leaving them. If a child is left in a place without care, the offender could face imprisonment for up to seven years, a fine, or both. If the child dies due to this abandonment, the offender can still be tried for murder or culpable homicide.
BNS 93 – Criminal liability
Sub-section (1):
“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 does not prevent the trial of the offender for murder or culpable homicide if the child dies due to such exposure or abandonment.”
Detailed Explanation in Simple Language
- Who can be punished?
The section applies to the father, mother, or any person who has the responsibility to care for a child below 12 years. If such a person deserts the child, they can be punished. - Key element – Intention to abandon
The law only applies when there is an intention to completely desert the child. Leaving a child in a place temporarily (like with a trusted neighbor) is not an offense. - What act is punishable?
Exposing or leaving the child in a situation where their safety is at risk, with no plan of returning to care for them.- Example: Leaving a baby near a railway station or in a deserted field.
- Punishment
If proven guilty, the offender can face:- Imprisonment of up to 7 years, or
- A fine, or
- Both imprisonment and fine.
- If the child dies
If the abandoned child dies due to neglect or unsafe conditions, the punishment can go beyond Section 93. The offender may also face charges for culpable homicide or murder depending on the situation. - Legal Nature of the Offense
- Cognizable: Police can arrest without a warrant.
- Bailable: The accused can apply for bail.
- Triable by: Magistrate of the First Class.
Illustrations (Examples)
- Example 1 (Offense): A father leaves his 8-year-old child in a forest and never returns. This is abandonment under Section 93, punishable with up to 7 years imprisonment.
- Example 2 (Offense with Death): A mother leaves her 2-year-old child on a roadside. The child dies of starvation. In this case, she may also face trial for culpable homicide or murder, not just Section 93.
- Example 3 (Not an Offense): A guardian leaves a 10-year-old child with close relatives for some time while working elsewhere. Since there was no intention to permanently desert the child, this is not abandonment.
Section 93 BNS Overview
Section 93 BNS – 10 Key Points with Full Detailed Explanation
1. Protects children under 12 years from abandonment
Section 93 focuses on children below the age of twelve years, who are the most vulnerable members of society. At this stage, children cannot take care of themselves and are completely dependent on adults for survival. Abandoning them means exposing them to hunger, disease, accidents, or exploitation. This section makes it a criminal offense to abandon such young children, ensuring that society gives them the protection they deserve.
2. Applies to parents as well as legal guardians or caregivers
The responsibility of protecting a child is not limited to biological parents. Section 93 applies to any person who is legally or morally responsible for the child. This includes adoptive parents, step-parents, foster parents, and guardians. Even if the child is under the care of another responsible adult, like a caregiver or custodian, that person cannot abandon the child. This ensures that all adults in charge of a child’s care are equally accountable.
3. The key element is intention to permanently desert the child
The law carefully distinguishes between temporary separation and abandonment. Abandonment occurs when the parent or guardian has no intention of coming back to care for the child. For example, leaving a child in a deserted location and walking away forever is abandonment. But if parents leave their child safely with grandparents while working in another city, that is not abandonment, since the intention to return exists. This distinction helps protect parents from unfair accusations.
4. Punishable with imprisonment of up to 7 years
Section 93 treats abandonment as a serious offense. The maximum punishment is seven years of imprisonment, reflecting the idea that this act can put a child’s life in grave danger. The exact sentence depends on the facts of the case. Lesser sentences may be given for mild neglect, while deliberate or cruel abandonment can attract the maximum punishment. This range allows courts to deliver justice according to the seriousness of the situation.
5. A fine may also be imposed along with or instead of imprisonment
Apart from jail, the offender may also have to pay a fine, or both punishments may apply together. This flexibility allows the court to match the penalty to the level of harm caused. For example, if a child suffered trauma but was rescued quickly, a fine plus a shorter jail term might be imposed. In more serious cases where the child faced danger to life, both fine and long imprisonment may be ordered.
6. The offense is bailable — the accused can apply for bail
Since this is a bailable offense, the accused can request bail and may be released from custody while the trial is ongoing. However, being granted bail does not mean the accused is free from responsibility. If found guilty after trial, they will still face punishment. This provision balances the rights of the accused with the need to protect children.
7. Since it is cognizable, police can arrest without a warrant
The offense is cognizable, which means police have the authority to arrest the accused immediately without waiting for a court order. This is very important in child abandonment cases, where quick action can save the child’s life. For instance, if neighbors report that a newborn has been left by the roadside, police can step in right away, rescue the child, and arrest the guilty party.
8. Cases are triable by a Magistrate of the First Class
Cases under Section 93 are heard by a Magistrate of the First Class, who has the authority to deal with offenses punishable up to seven years. This ensures that the case is handled by a competent judicial officer with enough powers to impose the required punishment. It also provides a fair and efficient trial process for sensitive cases involving children.
9. If the abandoned child dies, the offender may face charges of culpable homicide or murder
If abandonment leads to the death of the child, the crime does not stop at abandonment. Depending on the circumstances, the offender can be charged with culpable homicide (if death was not intended but happened due to negligence) or murder (if death was intended or knowingly caused). For example, leaving a child in extreme weather conditions knowing it may die could be treated as murder. This ensures strict punishment when the consequences are severe.
10. Emphasizes the duty and responsibility of parents and guardians to safeguard children
The heart of Section 93 is the legal duty of care. Parents and guardians are expected to provide food, shelter, protection, and emotional support to their children. By criminalizing abandonment, the law makes it clear that this duty is not optional. It is both a moral and legal responsibility. The section reinforces the idea that children’s protection is a fundamental part of justice and that society will not tolerate betrayal of this trust.
BNS 93 Punishment
Imprisonment: A person convicted under BNS Section 93 can be sentenced to imprisonment for up to seven years. This ensures that those who abandon children face significant consequences.
Fine: In addition to imprisonment, the offender may also be required to pay a fine. This serves as an additional deterrent against
BNS 93 bailable or not ?
BNS Section 93 is a bailable offense. This means that the accused has the right to apply for bail, and it is possible for them to be released from custody while awaiting trial, subject to certain conditions set by the court.
Comparison: BNS Section 93 vs IPC Section 315
| Section | Offense | Punishment | Cognizable? | Bailable? | By What Court Triable |
|---|---|---|---|---|---|
| BNS Section 93 | Exposure or abandonment of a child under twelve years by a parent or guardian, with intention to wholly abandon or endanger life. | Imprisonment of either description up to 7 years, and also liable to fine. | Cognizable | Bailable | Magistrate of the First Class |
| IPC Section 315 (Old) | Act done with intent to prevent a child being born alive or to cause it to die after birth (except for saving mother’s life). | Imprisonment of either description up to 10 years, or fine, or both. | Cognizable | Non-Bailable | Court of Sessions |
BNS Section 93 FAQs
What does BNS Section 93 cover?
It covers the act of parents or caregivers abandoning or exposing a child under twelve years old with the intention of completely forsaking their care.
Who can be charged under Section 93?
Parents or any person who has the responsibility of caring for a child under twelve years of age can be charged if they abandon the child.
What are the possible punishments for violating Section 93?
The punishments include imprisonment for up to seven years and/or a fine.
Is Section 93 a serious offense?
Yes, it is treated seriously to protect vulnerable children from abandonment and ensure their safety and well-being.
Can someone accused under Section 93 get bail?
Yes, Section 93 is a bailable offense, meaning the accused can apply for bail.
Does Section 93 prevent prosecution for other crimes?
No, if the abandonment leads to the death of the child, the offender can still be prosecuted for more serious crimes like murder or culpable homicide.
Conclusion
Section 93 of the BNS ensures that children under 12 cannot be abandoned without legal consequences. By prescribing up to seven years imprisonment and additional liability if the child dies, this law holds parents and guardians accountable. It reinforces that abandonment is not only morally wrong but also a serious crime in India’s legal system.
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Finished with BNS 93 ? Continue exploring the next provisions of the Bharatiya Nyaya Sanhita (BNS), 2023. Each section includes explanations, examples, and plain-language breakdowns for easy understanding.
- BNS 94 : Concealment of birth by secret disposal of dead body .
- https://marriagesolution.in/bns_section/bns-94/
- Section 95 BNS : Hiring, employing or engaging a child to commit an offence .
- https://marriagesolution.in/bns_section/section-95-bns/
- BNS Section 96 : Procuration of child .
- https://marriagesolution.in/bns_section/bns-section-96/
- BNS Section 97 : Kidnapping or abducting child under ten years with intent to steal from its person .
- https://marriagesolution.in/bns_section/bns-section-97/
- Section 98 BNS : Selling child for purposes of prostitution, etc .
- https://marriagesolution.in/bns_section/section-98-bns/
Full IPC Section List: https://marriagesolution.in/ipc-section-list
All Indian Law & Blogs: https://marriagesolution.in/indian-law/
Full BNSS Section List: https://marriagesolution.in/bnss_section-list