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.
Explanations
- 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.
IPC Section 317: Simplified Explanation
IPC Section 317 of the Indian Penal Code addresses the offence of exposing or abandoning a child under twelve years by the parent or person taking care of it in a manner that endangers the child’s life or health. This section is designed to protect the well-being and safety of children by holding those responsible for their care accountable.
Key elements of this section include:
- Age of the Child: The child involved must be under twelve.
- Exposure or Abandonment: The act involves exposing or abandoning the child in any place with the knowledge that such action is likely to endanger the child’s life or health.
- Parent or Caregiver’s Role: The person committing the act is either the child’s parent or someone who has care or custody of the child.
Is IPC Section 317 Bailable?
IPC Section 317 is a bailable offence. Depending on the circumstances and the judicial authority’s discretion, individuals accused under this section can obtain bail from the police or through the court.
IPC Section 317 Punishment
The Punishment under IPC Section 317 includes:
- Imprisonment for a term that may extend up to seven years,
- And also liable to a fine.
The law ensures that those responsible for children take their duties seriously and protect their health and safety.
Example of IPC Section 317
A real-life example of IPC Section 317 involved a case where a mother abandoned her new born baby in a public park. The baby was left in a secluded area without adequate clothing or protection, putting the infant’s life at significant risk due to exposure and lack of care. A passer by found the baby and alerted the authorities. The mother was later identified and charged under Section 317 for her actions, which endangered the life of her child. This case underscored the legal obligations of parents and guardians to ensure the safety and well-being of children under their care.
