Section 93 BNS

Section 93 BNS, which deals with hiring, employing, or using a person below 18 years of age to commit an offence. Children are vulnerable and can be

Section 93 BNS: Exposure and Abandonment of Child Under Twelve Years – Complete Guide

Introduction

Section 93 of the Bharatiya Nyaya Sanhita (BNS), 2023 deals with the offence of exposing or abandoning a child under twelve years of age by a parent or any person having care of the child. This provision is extremely important because it protects children from neglect, abandonment, and life-threatening situations.

Children are among the most vulnerable members of society. They depend entirely on parents or guardians for care, safety, and survival. When a parent or guardian abandons a child with the intention of leaving them permanently, it is not just a moral wrong but also a serious criminal offence under the law.

---

Exact Text of Section 93 BNS

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.

---

Simple Meaning of Section 93

In simple words, Section 93 means:

• If a parent or guardian leaves a child under 12 years,
• In any place,
• With the intention of abandoning the child permanently,

👉 It is a criminal offence.

If the child dies because of such abandonment, the person can be punished for more serious offences like murder or culpable homicide.

---

Objective of the Law

The main objectives of Section 93 are:

• Protect children from abandonment and neglect
• Ensure parents fulfill their legal responsibility
• Prevent situations that endanger a child’s life
• Provide strict punishment for irresponsible behaviour

---

Essential Ingredients of the Offence

To establish an offence under Section 93, the following elements must be present:

Child Must Be Under 12 Years

The victim must be:

• A child below the age of twelve

---

Accused Must Be Parent or Guardian

The accused must be:

• Father or mother, or
• Any person having care of the child

---

Exposure or Leaving the Child

The accused must:

• Leave the child in any place
• Or expose the child to danger

---

Intention to Abandon

The most important element is:

• Intention to wholly abandon the child

---

Meaning of Key Terms

Exposure

Exposure means:

• Leaving the child in a dangerous or unsafe condition

---

Abandonment

Abandonment means:

• Leaving the child permanently
• Without intention to return

---

Importance of Intention

The offence depends on:

👉 Intention to abandon

If the child is left temporarily without such intention:

• It may not fall under this section

---

Punishment under Section 93

The punishment includes:

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

👉 Serious offence due to risk to child’s life.

---

Special Provision (Explanation)

The law clearly states:

👉 If the child dies due to abandonment:

• The accused can be charged with
  • Murder, or
  • Culpable homicide

This makes the offence even more serious.

---

Nature of the Offence

• Cognizable
• Serious offence
• Focus on child protection

---

Examples for Better Understanding

A parent leaves a child alone in a deserted place.

A guardian abandons a child without care or support.

A child is left in a dangerous situation with no intention of returning.

👉 All these are offences under Section 93.

---

Difference from Other Offences

Section 93 vs Kidnapping

• Kidnapping → Taking child away
• Section 93 → Leaving child

---

Section 93 vs Negligence

• Negligence → Lack of care
• Section 93 → Intentional abandonment

---

Importance of Section 93

Protects Children

Ensures safety of minors.

Enforces Responsibility

Parents must take care of children.

Prevents Harm

Avoids life-threatening situations.

---

Legal and Social Perspective

This section highlights:

• Duty of parents
• Rights of children
• Importance of care and protection

---

Challenges in Implementation

Proving Intention

Difficult to prove intention to abandon.

Social Issues

Poverty may lead to abandonment.

Lack of Awareness

Some people may not understand legal consequences.

---

Role of Society

• Support families in need
• Promote child welfare
• Report cases of abandonment

---

Key Takeaways

• Section 93 deals with abandonment of children
• Applies to children under 12
• Requires intention to abandon
• Punishment up to 7 years
• Death may lead to more serious charges

---

Conclusion

Section 93 of the Bharatiya Nyaya Sanhita is a crucial provision that protects children from abandonment and neglect. It ensures that parents and guardians fulfill their responsibility and do not leave children in unsafe or life-threatening situations.

In simple terms:

Abandoning a child is a serious crime, especially when it puts the child’s life at risk.

This section plays a vital role in safeguarding the rights, safety, and future of children, ensuring that they are protected and cared for in society.