Hiring, employing or engaging a child to commit an offence
What this section does
This section makes it an offence to hire, employ, or engage a child to commit any offence. Where the offence is actually committed by the child, the person who hired or engaged the child is also liable to the punishment prescribed for that offence as if they had committed it personally. The Explanation expressly includes using a child for sexual exploitation or pornography.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Quick reference
- Punishment
- Imprisonment of either description for not less than 3 years and which may extend to 10 years, and fine; if the offence is committed, additionally the punishment prescribed for that offence.
- Triable by
- Sessions Court
- Cognizable
- Yes
- Bailable
- No
- Compoundable
- No
Ingredients (what prosecution must prove)
- The accused hired, employed, or engaged a child
- The purpose was to have the child commit an offence
- Where the offence is committed, additional punishment equivalent to that for the underlying offence is attracted
Practitioner note
This section has no direct IPC equivalent and is a new provision in BNS. It carries a mandatory minimum of 3 years. The Explanation specifically covers child sexual exploitation and pornography. The accused faces cumulative punishment when the child actually commits the offence.
Read the official text
For the binding statutory text of BNS Section 95, refer to the Gazette of India or the India Code official website.
Why this matters
BNS Section 95 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.