Section 91 OF BNS

Section 91 addresses a deeply serious social and criminal issue—the abandonment of young children by those responsible for their care. It criminalizes

Section 91 of Bharatiya Nyaya Sanhita, 2023 – Exposure and Abandonment of a Child: Detailed Legal Analysis, Ingredients, Punishment and Case Laws

Introduction

Section 91 addresses a deeply serious social and criminal issue—the abandonment of young children by those responsible for their care. It criminalizes the act of exposing or leaving a child under the age of twelve years with the intention of completely abandoning that child. The provision reflects the legal system’s commitment to protecting vulnerable children who are incapable of protecting themselves.

This offence is not merely about physical neglect but involves a deliberate intention to sever responsibility, thereby putting the child’s life, safety, and well-being at serious risk. The law recognizes that such acts may lead to starvation, injury, trafficking, or even death, and therefore imposes strict punishment.

At the same time, the provision also clarifies that if the child dies as a consequence of such abandonment, the offender may face more serious charges such as murder or culpable homicide, making Section 91 a foundational but not exclusive offence.

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Bare Act Provision (Section 91 BNS)

91. 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.

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Legislative Intent and Objective

The primary objective of Section 91 is to:

• Protect children from intentional abandonment and neglect
• Penalize guardians who fail in their legal and moral duty of care
• Prevent situations that may expose children to serious harm or death
• Ensure accountability of parents and caretakers

The provision recognizes that children, especially those below twelve years, are highly dependent and vulnerable, and abandonment amounts to a grave violation of duty.

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Nature of the Offence

Section 91 is:

• An intention-based offence
• A conduct-oriented offence (focus on abandonment, not necessarily result)
• A preventive provision (punishes risk-creating behavior even if harm has not yet occurred)

The offence is complete even if the child survives, as long as there is clear intention to abandon.

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Essential Ingredients of the Offence

To establish liability under Section 91, the following elements must be proved:

1. Relationship with the Child

The accused must be:

• The father or mother, OR
• A person having care or custody of the child

This includes:

• Guardians
• Relatives
• Caretakers

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2. Age of the Child

The child must be:

• Under 12 years of age

This age limit reflects:

• Increased dependency
• Lack of self-protection ability

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3. Act of Exposure or Leaving

The accused must:

• Expose the child, OR
• Leave the child in any place

This may include:

• Public places
• Isolated areas
• Unsafe environments

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4. Intention to Wholly Abandon

This is the most crucial element.

The accused must have:

• Intention to completely abandon the child
• No plan to return or provide care

Temporary absence or negligence does not amount to this offence unless intention to abandon is proved.

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Meaning of “Exposure”

Exposure means:

• Leaving the child in a situation where they are vulnerable to harm

It may involve:

• Leaving a child in a deserted place
• Abandoning in unsafe or unknown surroundings
• Placing the child in conditions where survival is uncertain

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Distinction Between Negligence and Abandonment

Basis	Negligence	Abandonment (Section 91)
Intention	Absent	Present
Nature	Carelessness	Deliberate act
Liability	May vary	Clearly punishable
Example	Forgetting child temporarily	Leaving child permanently

The key difference lies in the intention to abandon.

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Punishment Under Section 91

The punishment prescribed is:

• Imprisonment up to 7 years, OR
• Fine, OR
• Both

The punishment reflects:

• Serious breach of duty
• Risk to child’s life and safety

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Explanation Clause – Aggravated Liability

The explanation provides that:

• If the child dies due to abandonment
• The accused can be charged with:
  • Murder, OR
  • Culpable homicide

This means:

• Section 91 does not limit liability
• It acts as a base offence

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Illustrative Situations

A parent leaves a child in a deserted area with no intention of returning. This is a clear offence under Section 91.

A guardian abandons a child at a railway station and disappears permanently. Liability arises.

A caretaker leaves a child in dangerous conditions intending not to take responsibility anymore. This is punishable.

If the child dies due to such abandonment, the offence may escalate to homicide.

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Judicial Interpretation and Case Laws

Gopal Naidu v. Emperor (1923)

The court emphasized that:

• Intention to abandon is essential
• Mere temporary leaving is not sufficient

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Queen Empress v. Bhirgai (1893)

The court held that:

• Exposure of a child in dangerous conditions constitutes a serious offence
• The surrounding circumstances must be considered

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General Judicial Principles

Courts have consistently held that:

• Intention is inferred from conduct
• Circumstances of abandonment are crucial
• Safety and vulnerability of the child are key considerations

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Legal and Social Significance

Section 91 plays an important role in:

• Protecting children from neglect and abuse
• Preventing child trafficking and exploitation
• Ensuring parental responsibility
• Safeguarding child rights and welfare

It reflects societal values that:

• Children must be protected at all costs
• Guardians cannot escape responsibility

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Comparison with Related Offences

Provision	Focus
Section 89	Harm to unborn child
Section 90	Death of quick unborn child
Section 91	Abandonment of child
Homicide laws	Death caused

Section 91 specifically deals with post-birth neglect and abandonment.

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Conclusion

Section 91 is a vital provision that criminalizes the abandonment of children by those responsible for their care. By focusing on intention and vulnerability, the law ensures that children are not left in conditions that threaten their survival and well-being.

The provision also makes it clear that abandonment is not a minor lapse but a serious criminal act, and if it results in death, the consequences are even more severe.

Ultimately, Section 91 reinforces a fundamental legal and moral principle:
Those entrusted with the care of a child cannot abandon that responsibility without facing serious legal consequences.