Bharatiya Nyaya Sanhita, 2023 — Section 93

Exposure and Abandonment of Child Under Twelve Years of Age, by Parent or Person Having Care of It

Section 93 punishes a parent, or a 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. Punishment is imprisonment of either description up to seven years, or fine, or both. The section does not bar a separate trial for murder or a killing amounting to culpable homicide if the child dies as a result of the exposure. Opens a new sub-topic within Chapter V — "Of Offences Against Children."

Please note: This page reflects our understanding of the law as of the date it was last reviewed. Parliament, the State Legislatures, and the courts continue to amend and interpret this law, and this page may not yet reflect the most recent change. Please verify the current text of the law independently, and consult a licensed advocate for advice on your own matter, before relying on this page.

Corresponding Provision Under Prior Law

Verified against the National Crime Records Bureau's official BNS–IPC concordance (Sankalan Portal), which maps Section 93 to old IPC Section 317, and cross-checked directly against the bare text of both Acts.

BNS section	IPC, 1860 equivalent	Category
93	317	Exact

Comparing the two texts word for word, Section 93, including its Explanation, is reproduced without any substantive change from old IPC Section 317.

Quick Reference

Classified as follows in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), quoted as that Schedule words the entry:

Section 93: punishment — “Imprisonment for 7 years, or fine, or both.” · cognizable or non-cognizable — “Cognizable.” · bailable or non-bailable — “Bailable.” · triable by — “Magistrate of the first class.”
Compoundable: Not listed in either compounding table of BNSS S.359.

Statutory Text (Verbatim)

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.

Source: Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023), as published in the Gazette of India Extraordinary.

Explanation & Illustration (Lexovia's Commentary — Not Statutory Text)

Exposing or abandoning a child under twelve years of age

Explanation (Lexovia's Commentary)

Section 93 applies specifically to a parent (father or mother) or any person having the care of a child under twelve years of age. It punishes exposing or leaving the child in any place with the intention of wholly abandoning the child — the intention to abandon entirely is what the offence turns on, not merely a temporary or partial leaving. The Explanation clarifies that this section does not stand in the way of a separate trial for murder or culpable homicide if the child dies as a consequence of the exposure — the two are not mutually exclusive.

Illustration (Lexovia's Own Example)

A, the mother of Z, a child aged eight, leaves Z outside a building with the intention of wholly abandoning Z. A is liable under Section 93. Had Z died as a consequence of being so left, A could additionally be tried for murder or culpable homicide, as the facts warrant.

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Related / Cross-Referenced Sections

FAQs

Does Section 93 require a permanent abandonment, or is any leaving of the child enough?

The section requires the intention of wholly abandoning the child — a temporary leaving for a legitimate purpose, without that intention, would not fall within the offence.

If the child dies after being exposed, can the accused still be tried for murder separately?

Yes. The Explanation expressly states that the section is not intended to prevent a separate trial for murder or culpable homicide if the child dies in consequence of the exposure.

Is this offence bailable?

Yes. Per the BNSS First Schedule, it is cognizable and bailable, triable by a Magistrate of the first class.