Exposure and abandonment of child under twelve years of age, by parent or person having care of it
What this section does
This section punishes a parent or any person having care of a child under twelve years of age who exposes or leaves the child in any place with the intention of wholly abandoning it. An explanatory note preserves the possibility of a murder or culpable homicide charge if the child dies as a result of the exposure.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Imprisonment of either description for a term which may extend to 7 years, or fine, or both.
- Triable by
- Magistrate of First Class
- Cognizable
- Yes
- Bailable
- No
- Compoundable
- No
Ingredients (what prosecution must prove)
- The accused is the father, mother, or a person having care of the child
- The child is under twelve years of age
- The accused exposed or left the child in any place
- The act was done with the intention of wholly abandoning the child
Practitioner note
The Explanation makes clear that conviction under this section does not bar a separate trial for murder or culpable homicide if the child dies as a consequence of the abandonment.
Derived from IPC s.317.
Read the official text
For the binding statutory text of BNS Section 93, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 93 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.