IPC 317→BNS 93

IPC 317 to BNS 93: Exposure and abandonment of child under twelve years, by parent or person having care of it

Section 317 IPC (1860) replaced by Section 93 BNS (2023)

View IPC Section 317 →View BNS Section 93 →

IPC 317 to BNS 93 at a Glance

Section 317 IPC (Exposure and abandonment of child under twelve years, by parent or person having care of it) is now Section 93 BNS, in force from 1 July 2024. Under the BNS it is bailable and cognizable. What changed is set out below.

What Changed From IPC 317 to BNS 93?

Section 317 IPC is succeeded by Section 93 BNS. The heading in Section 93 BNS adds the words of age, while the substantive text, definition of offenders, abandonment threshold, and the seven-year penalty remain identical.

IPC 317 vs BNS 93: Comparison Table

AspectIPC 1860 (repealed)BNS 2023 (in force)
Section31793
OffenceExposure and abandonment of child under twelve years, by parent or person having care of itSame
PunishmentImprisonment of either description for up to seven years.Same
FineThe offender may be punished with fine alone or with both imprisonment and fine.Same
BailBailableSame
CognizanceCognizableSame
CompoundableNon-CompoundableSame
Triable ByMagistrate of the first classSame

IPC 317 and BNS 93: Bare Act Text Side by Side

IPC 1860 (repealed)

Section 317, IPC 1860

317. Exposure and abandonment of child under twelve years, by parent or person having care of it.—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.
BNS 2023 (in force)

Section 93, BNS 2023

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.

Ingredients: IPC 317 vs BNS 93

Under IPC 317
  1. The child was under the age of twelve years
  2. The accused was the father or mother of the child, or had care of the child
  3. The accused exposed or left the child in any place
  4. The act was done with the intention of wholly abandoning the child
Under BNS 93
  1. Child was under twelve years of age
  2. The accused was the father, mother, or person having the care of such child
  3. Exposing or leaving such child in any place
  4. The act was done with the intention of wholly abandoning such child

What IPC 317 to BNS 93 Means for Pending Cases

For Section 317 IPC (now Section 93 BNS): acts occurring prior to 1 July 2024 are prosecuted under Section 317 IPC, while subsequent incidents are charged under Section 93 BNS. Because the offence is cognizable, police may register a first information report and arrest without a warrant. As the offence is bailable under the Schedule, the accused is entitled to bail as of right.

FAQs: IPC 317 to BNS 93

What is the BNS equivalent of Section 317 IPC?▼

Section 93 BNS replaces Section 317 IPC, retaining the identical statutory text while adding the words of age to the marginal heading.

Is an offence under Section 317 IPC bailable?▼

Yes. The First Schedule to the CrPC categorises the offence as bailable, allowing bail as a matter of right.

Does Section 317 IPC or Section 93 BNS apply to an act done before 1 July 2024?▼

Acts taking place before 1 July 2024 are prosecuted under Section 317 IPC, whereas subsequent acts fall under Section 93 BNS.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·