Section 95 BNS

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Introduction of Section 95 BNS

BNS Section 95 is a law designed to protect children from being used in criminal activities. It specifically targets anyone who hires, employs, or engages a child to commit an offense, ensuring that such acts are severely punished. The law is crucial for safeguarding the rights and well-being of children, preventing their exploitation in illegal activities.

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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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BNS Section 95 in Simple Points

Protecting Children from Crime: The law makes it illegal to involve children in any criminal activities, keeping them safe from harm.

Serious Punishment: If someone uses a child to commit a crime, they will go to jail for at least three years, and it could be as long as ten years.

Also Punished for the Crime: If the child actually commits the crime, the person who made them do it will also be punished as if they did it themselves.

Sexual Crimes Included: The law also covers using children for sexual exploitation or pornography, ensuring these crimes are also punished.

No Bail Allowed: The crime is so serious that the person accused cannot easily get bail and must stay in jail until the trial.

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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

1. Involving Children in Crimes: BNS Section 95 strictly prohibits anyone from hiring, employing, or engaging a child to commit any criminal offense. This law is meant to protect children from being used in illegal activities.
2. Severe Punishment: The law mandates a minimum of three years of imprisonment for anyone found guilty of involving a child in a crime. This punishment can extend up to ten years, depending on the severity of the offense.
3. Additional Penalty if Crime is Committed: If the crime is actually committed by the child, the person who hired the child is not only punished for engaging the child but also receives the punishment for the crime itself, as if they had committed it themselves.
4. Covers Sexual Exploitation: The law explicitly includes the use of children for sexual exploitation or pornography under its scope. This ensures that such heinous acts are severely punished.
5. Non-Bailable Offense: Offenses under BNS Section 95 are non-bailable, meaning that the accused cannot easily obtain bail and must remain in custody while awaiting trial.
6. Cognizable Offense: This section is classified as a cognizable offense, allowing the police to arrest the accused without a warrant due to the seriousness of the crime.
7. Focus on Child Protection: The primary goal of this law is to safeguard children from being exploited or manipulated into committing crimes, ensuring their safety and well-being.
8. Broad Application: The law applies to any type of crime that a child is hired or engaged to commit, making it comprehensive in its coverage.
9. Court of Trial: Initially, offenses under this section are triable by a Magistrate of the first class. However, if the crime is actually committed, the trial is conducted by the court that would normally handle such an offense.
10. Mandatory Imprisonment: The law requires mandatory imprisonment for offenders, with no option for the court to reduce the sentence below the minimum of three 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.

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BNS 95 Punishment

Imprisonment: The law imposes a minimum of three years of imprisonment, which can extend up to ten years.

Fine: The person may also be required to pay a fine in addition to serving time in prison.

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BNS 95 bailable or not ?

BNS Section 95 is a non-bailable offense, meaning the accused does not have the right to bail and must remain in custody until the court decides otherwise.

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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

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BNS Section 95 FAQs

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