Bharatiya Nyaya Sanhita, 2023
Section 93
Exposure and abandonment of child under twelve years of age, by parent or person having
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.
Why this exists
This provision descends from Section 317 of the old Indian Penal Code, 1860, which itself reflected 19th-century concerns about infanticide, child abandonment, and the exposure of unwanted children (often due to poverty, social stigma, or illegitimacy). Colonial-era lawmakers wanted a specific offence to address parents or guardians who abandoned young children without directly killing them, recognizing that abandonment could itself cause serious harm or death, while leaving room for a separate, more serious charge if the child actually died as a result.
How courts read it
Courts have generally required proof of intention to permanently abandon the child, not just a temporary lapse in care or a momentary act of leaving a child unattended. Judicial decisions under the predecessor IPC provision emphasized that the abandonment must be shown to be intentional and complete, distinguishing genuine exposure/abandonment from cases of neglect or accidental separation. Courts have also clarified that if the child dies as a result of the abandonment, prosecutors are not limited to this section alone and can pursue murder or culpable homicide charges instead or in addition, as the explanation makes clear.
Common misconceptions
- Myth: This law applies to any parent who is briefly late picking up their child or leaves them alone for a short time.
Fact: Courts require proof that the parent or caregiver intended to permanently abandon the child, not just a temporary or accidental lapse in supervision. - Myth: If the child dies from being abandoned, only this section can be used to punish the parent.
Fact: The explanation makes clear that if the child dies, the person can still be tried separately for murder or culpable homicide, which carry harsher penalties.