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.
Simplified Explanation
Section 93 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the exposure and abandonment of a child under twelve years of age by a parent or any person responsible for the child’s care. This section criminalizes the act of deliberately abandoning a child or leaving a child in a situation where the child is at risk, either through exposure to harm or neglect.
What does Section 93 address?
Section 93 makes it a criminal offense when a parent or any person having care of a child exposes or abandons a child who is under the age of twelve, putting the child at risk of physical or emotional harm. Exposure refers to leaving the child in a vulnerable situation, such as a deserted location or an unsafe environment, where the child is likely to suffer harm, and abandonment refers to the complete abandonment of the child’s care and responsibility.
Key Elements of the Offense under Section 93:
- Child Under Twelve Years of Age:
- The section specifically applies to children who are under the age of twelve. Children in this age group are considered particularly vulnerable and in need of care, protection, and supervision from their parents or guardians.
- Exposure:
- Exposure refers to leaving the child in a situation or place where the child is exposed to harm, such as leaving them in a public place, in the wilderness, or in an environment that could lead to serious danger (e.g., extreme weather conditions, abandoned areas).
- Abandonment:
- Abandonment refers to the act of completely forsaking the child, thereby ceasing to provide any care, supervision, or responsibility for the child’s well-being. This can involve leaving the child without any means of sustenance, protection, or care, effectively making the child vulnerable.
- By Parent or Person Having Care of the Child:
- The section targets those who are legally responsible for the child, including parents, guardians, or any other individual entrusted with the care of the child. It criminalizes the actions of those who neglect their responsibilities toward the child, either by exposing them to dangerous situations or abandoning them.
- Intentional Act:
- The exposure or abandonment must be intentional, meaning the parent or caregiver has knowingly left the child in a dangerous or neglectful situation. It does not apply if the abandonment was accidental or resulted from an unforeseeable circumstance, though such cases may be addressed under other laws.
Punishment for the Offense:
- Imprisonment and/or fine: If convicted under Section 93, the offender can face imprisonment for up to 7 years and/or a fine. The severity of the punishment reflects the seriousness of the offense, as it involves the deliberate endangerment or abandonment of a vulnerable child.
Purpose and Protection:
The main objectives of Section 93 are:
- Protection of children: This section aims to ensure that children are not left exposed to dangerous situations or abandoned, as they are unable to protect themselves and are highly vulnerable to harm.
- Holding caregivers accountable: It holds parents or guardians accountable for their responsibility to care for their children, ensuring they face legal consequences if they abandon or expose a child.
- Deterrence: By criminalizing exposure and abandonment, the law seeks to deter individuals from neglecting or abandoning their children, promoting the child’s welfare and safety.
Example scenarios under Section 93:
- Scenario 1: A parent leaves their child alone in a park late at night without supervision, leaving the child vulnerable to harm or predators. This would be considered exposure under Section 93.
- Scenario 2: A parent abandons their child in a remote location, leaving the child with no food, water, or protection. The child is left vulnerable to physical harm, starvation, or other dangers. This would constitute abandonment under Section 93.
- Scenario 3: A caregiver deliberately neglects to provide for a child’s basic needs, leaving them to fend for themselves in an unsafe environment. This neglect may result in harm or death, making the caregiver liable under this section.
In summary, Section 93 criminalizes the exposure or abandonment of a child under the age of twelve by a parent or any person responsible for the child’s care. The law seeks to protect vulnerable children from harm, ensuring that those responsible for their care are held accountable for exposing them to danger or neglecting their well-being. The section provides severe penalties to deter abandonment and exposure, promoting the safety and welfare of children.
