Introduction of Section 93 BNS
Section 93 BNS deals with the exposure or abandonment of a child under twelve years of age by a parent or guardian. It aims to protect children from being abandoned in situations where their safety and well-being are at risk. The section outlines strict punishments for such offenses, including imprisonment and fines.
The Bharatiya Nyaya Sanhita (BNS) Section 93 replaces the old Indian Penal Code (IPC) Section 315.
- Introduction of Section 93 BNS
- What is section 93 of BNS ?
- BNS Section 93 in Simple Points
- Section 93 BNS Overview
- BNS 93 Punishment
- BNS 93 bailable or not ?
- Bharatiya Nyaya Sanhita Section 93
- BNS Section 93 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
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 Section 93 in Simple Points
- Protection for Young Children: This section specifically protects children who are under twelve years old from being abandoned or left unattended by their parents or caregivers.
- Responsible Parties: It applies to both parents and individuals who have the care and responsibility of a child under twelve years of age.
- Intentional Abandonment: The law targets those who intentionally leave or expose a child with the intention of completely abandoning them.
- Severe Punishments: Offenders can be punished with up to seven years of imprisonment and/or a fine, highlighting the seriousness of the crime.
- Legal Proceedings: Cases under this section are handled by a Magistrate of the first class, ensuring that the legal process is thorough and just.
Section 93 BNS Overview
BNS Section 93 deals with the abandonment or exposure of a child under the age of 12 years by a parent or guardian. If a parent or person responsible for the care of a child leaves the child in any place with the intention of abandoning them completely, they can be punished with imprisonment for up to seven years, a fine, or both. This law is designed to protect vulnerable children from being left alone without care.
Section 93 BNS Overview – 10 Key Points
- Protection for Young Children: This section is designed to protect children under 12 years of age from being abandoned by their parents or guardians.
- Punishes Abandonment: If a parent or caregiver intentionally leaves a child without any intention of taking care of them, they can be punished under this law.
- Imprisonment Up to 7 Years: The person who abandons the child can be sent to prison for up to seven years.
- Fines Can Be Imposed: In addition to imprisonment, the offender may also have to pay a fine.
- Offense is Bailable: This means that if someone is accused of this crime, they can apply for bail to avoid staying in jail before their trial.
- Police Can Arrest Without a Warrant: Since this is a cognizable offense, the police can arrest the person without needing a court order.
- Trial by Magistrate of the First Class: The trial for this offense is conducted by a magistrate of the first class, which means a judge with significant authority handles the case.
- More Serious Charges if Child Dies: If the child dies because of the abandonment, the person responsible can be charged with more serious crimes, like murder.
- Applies to All Caregivers: This law doesn’t just apply to biological parents but also to anyone responsible for taking care of the child.
- Intent Matters: The key factor in this law is the intention behind the act. The person must have intentionally abandoned the child to be punished under this section.
Examples
- Example 1: A mother leaves her 10-year-old child alone in a park with no intention of coming back to care for them. Under BNS Section 93, she can be charged with abandonment and face up to 7 years in prison or a fine.
- Example 2: A guardian responsible for a 9-year-old child leaves the child in a deserted area, intending to never return. If caught, the guardian could be punished under this law with imprisonment, a fine, or both.
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.
Bharatiya Nyaya Sanhita Section 93
| Section | Offense | Definition | Punishment | Bailable/Non-Bailable | Triable By |
|---|---|---|---|---|---|
| BNS 93 | Exposure and abandonment of child under twelve years of age by parent or caregiver | Leaving or exposing a child under twelve with the intention to wholly abandon them | Imprisonment up to 7 years and/or fine | Bailable | Magistrate of the First Class |
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.
If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
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