Bharatiya Nyaya Sanhita, 2023
Section 93 BNS: Exposure and Abandonment of Child Under Twelve Years
Section 93 of the Bharatiya Nyaya Sanhita, 2023 punishes a father, mother, or other person having the care of a child under twelve years who exposes or leaves the child in any place with the intention of wholly abandoning the child.
Text of Section 93 BNS
93. 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 die in consequence of the exposure.
What Section 93 BNS Means
Section 93 targets intentional abandonment of a child below twelve years by a parent or person responsible for the child's care. The section requires more than merely leaving a child at a place: the act must be accompanied by the intention of wholly abandoning the child.
Essential Ingredients of Section 93
- The child must be under twelve years of age.
- The accused must be the father, mother, or a person having the care of the child.
- The accused must expose or leave the child in any place.
- The act must be done with the intention of wholly abandoning the child.
Punishment Under Section 93 BNS
| Offence | Punishment |
|---|---|
| Exposure or leaving of a child under twelve by a parent or person having care, with intent to wholly abandon the child | Imprisonment of either description up to seven years, or fine, or both. |
Meaning of "Wholly Abandoning"
The expression "wholly abandoning" is central to Section 93. The section does not separately define the phrase. Whether the required intention existed must therefore be assessed from the facts, conduct, surrounding circumstances, and evidence in the particular case.
What Happens if the Child Dies?
The Explanation to Section 93 expressly preserves more serious criminal liability where the child dies because of the exposure. In such a case, Section 93 does not prevent the offender from also being tried for murder or culpable homicide, as the facts may warrant.
Related BNS Provisions
Section 93 appears in the group of offences against children. Closely related provisions include Section 92 BNS, Section 94 BNS, Section 95 BNS, and Section 100 BNS on culpable homicide.
Official Legal References
This page provides general legal information based on the statutory text. Application of Section 93 in an individual matter depends on the facts, evidence, procedural law, and judicial interpretation.