Bharatiya Nyaya Sanhita, 2023
Section 95
Hiring, employing or engaging a child to commit an offence
Whoever hires, employs or engages any child to commit an offence shall be punished with imprisonment of either description which shall not be less than three years but which may extend to ten years, and with fine; and if the offence be committed shall also be punished with the punishment provided for that offence as if the offence has been committed by such person himself. Explanation.—Hiring, employing, engaging or using a child for sexual exploitation or pornography is covered within the meaning of this section.
Why this exists
This provision is new to the Bharatiya Nyaya Sanhita, 2023, which replaced the Indian Penal Code, 1860. Lawmakers wanted a direct, standalone offence targeting adults who exploit children as instruments of crime—whether for theft, trafficking, or sexual abuse—recognizing that children are especially vulnerable to manipulation and coercion, and that such misuse deserves punishment independent of, and in addition to, laws protecting children from abuse (like the POCSO Act) or trafficking-specific provisions.
Common misconceptions
- Myth: This section only applies to sexual exploitation or pornography involving children.
Fact: The section covers any offence committed by a hired or engaged child, not just sexual exploitation. The explanation clause simply clarifies that sexual exploitation or pornography also falls within its scope, not that it's limited to that. - Myth: The adult is only punished for corrupting the child, not for the actual crime committed.
Fact: If the offence is actually committed, the adult also receives the punishment for that specific crime, in addition to punishment for engaging the child.