Section 95 BNS : Hiring, employing or engaging a child to commit an offence .

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Introduction of Section 95 BNS

Section 95 BNS, protects children from being exploited in criminal activities. It criminalizes the act of hiring, employing, or engaging minors to commit crimes such as theft, drug trafficking, or sexual exploitation. With a mandatory minimum sentence of three years, which can extend up to ten years, and additional liability if the crime is actually committed, this section acts as a strong safeguard against child exploitation and enforces strict accountability

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What is section 95 of BNS ?

BNS Section 95 is a legal provision that punishes anyone who involves a child in committing a crime. It mandates a minimum of three years of imprisonment, which can go up to ten years, and a fine. The law also applies additional punishment if the crime is committed, treating the person who engaged the child as if they directly committed the crime. This section aims to protect children from being exploited or forced into criminal activities.

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Bare Act – BNS Section 95

Sub-section (1):
“Whoever hires, employs or engages any child to commit an offense, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to ten years, and shall also be liable to fine.”

Sub-section (2):
“Where any person is punished under sub-section (1) and the offense is committed by the child, such person shall also be liable for that offense as if he had committed it himself.”

Detailed Explanation in Simple Language

Who can be punished?
This section applies to any person—gang leaders, employers, relatives, or strangers—who involves a child in committing any criminal act. The law does not excuse anyone, regardless of motive.

Key element – Hiring, employing, or engaging a child
The focus is on the act of using a child for crime. Whether the child is paid, persuaded, tricked, or forced, if an adult involves them in illegal activities, this law is triggered.

Mandatory Minimum Punishment
Unlike many sections, Section 95 has a minimum sentence of 3 years imprisonment. The court cannot reduce it. The maximum punishment can extend up to 10 years imprisonment, plus a fine. This strictness reflects the seriousness of child exploitation.

Additional Liability if Crime is Committed
If the child actually commits the crime, the adult who involved them is punished as if they committed the crime themselves.

• Example: If a child is made to steal by an adult, and the theft happens, the adult will be punished for both engaging the child and for the theft.

Scope of Offense – Includes Sexual Exploitation
This law covers not only crimes like theft, drug trafficking, or smuggling, but also sexual exploitation and child pornography. By making this clear, the law closes loopholes and ensures strong child protection.

Legal Nature of the Offense

• Cognizable: Police can arrest without a warrant.
• Non-Bailable: The accused does not have an automatic right to bail. The court decides whether bail can be granted.
• Triable by: Magistrate of the First Class initially, but if the child commits the crime, the case is transferred to the appropriate higher court.

Illustrations (Examples)

Example 3 (Not an Offense): A 13-year-old helps carry groceries home for a shopkeeper. Since no crime was committed, Section 95 does not apply.

Example 1 (Offense): A gang leader hires a 15-year-old to pickpocket passengers in a train. The leader is punishable with at least 3 years imprisonment and fine under Section 95.

Example 2 (Offense with Crime Committed): A man uses a 16-year-old to transport illegal drugs. The child is caught by police. Here, the man is not only guilty of engaging the child but will also be punished as a drug trafficker himself.

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Section 95 BNS Overview

BNS Section 95 is a legal provision that punishes anyone who hires, employs, or engages a child to commit a criminal offense. The punishment includes imprisonment for a minimum of three years, which can extend to ten years, and a fine. If the crime is committed by the child, the person responsible for involving the child will also be punished as if they committed the crime themselves. This law is designed to protect children from being exploited or forced into illegal activities.

BNS Section 95: 10 Key Points

• Ban on Using Children in Crimes – Strictly prohibits hiring, employing, or engaging a child in any offense.
• Mandatory Punishment – Minimum 3 years imprisonment, extendable up to 10 years.
• Additional Liability – If the child commits the crime, the adult is punished as if they did it themselves.
• Covers Sexual Exploitation – Includes pornography, trafficking, and sexual offenses involving children.
• Non-Bailable – Bail is not a right; only a court may decide in rare cases.
• Cognizable – Police can arrest without a warrant due to seriousness of the offense.
• Child Protection Focus – Designed to shield minors from manipulation and criminal exploitation.
• Applies to All Crimes – Broad coverage, from theft and smuggling to modern cybercrimes.
• Trial by Court – Initially by Magistrate First Class; higher court if the crime is actually committed.
• No Leniency – Courts cannot reduce the punishment below 3 years.

Examples

1. Example 1: A gang leader persuades a 14-year-old child to steal from a store, promising the child money in return. The child is caught, and the leader is arrested. Under BNS Section 95, the gang leader can be sentenced to at least three years in prison and fined, even though the child was the one who committed the theft.
2. Example 2: A person hires a child to distribute illegal drugs. The child is apprehended by the police, and the person who hired the child is caught. According to BNS Section 95, the person faces imprisonment for a minimum of three years and could also be punished as if they had directly engaged in the drug trafficking themselves.
3. Example 3 (Cybercrime): An adult convinces a 17-year-old to hack social media accounts for money. The adult is guilty under Section 95 and can face jail, even if the child carried out the hacking.

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BNS 95 Punishment

Under Section 95 BNS, imprisonment is mandatory for at least three years, and may extend up to ten years, along with a fine. The punishment cannot be reduced below the minimum, reflecting the law’s seriousness about protecting children

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BNS 95 bailable or not ?

Non-bailable means the accused cannot automatically get bail. Only a court can decide whether to grant bail after careful consideration, making sure children’s safety remains a top priority.

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Bharatiya Nyaya Sanhita Section 95

Section	Offense	Punishment	Bailable/Non-Bailable	Cognizable/Non-Cognizable	Triable By
95	Hiring, employing, or engaging a child to commit an offense	Imprisonment of 3 to 10 years and a fine	Non-Bailable	Cognizable	Magistrate of the first class; if the offense is committed, triable by the court that handles the specific offense

Difference Between BNS Section 95 and IPC Equivalent

Aspect	BNS Section 95	IPC Equivalent
Provision	Use of children for committing offenses	IPC Section 369 (Kidnapping for theft), IPC Section 366A (procuration of minor girl), IPC Section 372–373 (trafficking of minors) partly covered this earlier
Punishment	Min 3 years to max 10 years, plus fine	Varying punishments under multiple IPC provisions
Scope	Broad – covers any crime using children	Scattered across different IPC sections
Legal Nature	Non-bailable, cognizable, mandatory jail	Many IPC sections were bailable or compoundable
Framework	BNS, 2023 – consolidated & stronger	IPC, 1860 – fragmented approach

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BNS Section 95 FAQs

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Conclusion

Section 95 BNS sets strict boundaries to protect children from criminal exploitation. By imposing mandatory imprisonment and treating offenders as if they committed the crime themselves, this provision ensures strong accountability and reinforces India’s commitment to child rights and safety.

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