Section 93 BNS: Exposure and abandonment of child under twelve years of age, by parent or person having care of it

Bharatiya Nyaya Sanhita, 2023

Section 93 BNS at a Glance

Section 93 BNS deals with exposure and abandonment of child under twelve years of age, by parent or person having care of it. It is bailable and cognizable, triable by Magistrate of the first class; it replaced Section 317 IPC on 1 July 2024.

Punishment

Imprisonment of either description for up to seven years.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ
IPC Equivalent

Section 317 →

Section 93 BNS Bare Act Text

93. 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.

Source: Section 93, Bharatiya Nyaya Sanhita, 2023

Section 93 BNS in Simple Words

Section 93 of the Bharatiya Nyaya Sanhita (BNS) deals with exposing or leaving a child under 12 years of age by the father, mother, or any person having the care of the child. The law applies where such a person exposes or leaves the child in any place with the intention of wholly abandoning the child. It is aimed at protecting young children who cannot protect or care for themselves.

In practice, this section is used where a child under 12 is deserted or deliberately left behind by a parent or caregiver with the intention of permanently abandoning them. Under the Explanation to the section, if the child dies as a consequence of the exposure, the offender may still be tried for murder or culpable homicide, as the case may be. Under Section 93 BNS, the offence is punishable with imprisonment of either description for up to seven years, or with fine, or with both.

Ingredients of Section 93 BNS

  • Child was under twelve years of age
  • The accused was the father, mother, or person having the care of such child
  • Exposing or leaving such child in any place
  • The act was done with the intention of wholly abandoning such child

Punishment Under Section 93 BNS

Imprisonment

Imprisonment of either description for up to seven years.

Fine

The offender may be punished with fine alone or with both imprisonment and fine.

Bailable ⓘCognizable ⓘNon-Compoundable ⓘ🏛️ Magistrate of the first class ⓘ

Exposing or leaving a child under twelve years with intention of wholly abandoning it carries imprisonment of either description for up to seven years, or fine, or both. The offence is cognizable and bailable, triable by a Magistrate of the first class, and not compoundable.

Example of Section 93 BNS

Rani left her eight-year-old son at a bus terminus in Jaipur late at night with the settled intention of wholly abandoning him and never returning. Rani was the mother of the child under twelve years of age and intentionally left him in a public place. Rani is punishable under Section 93 BNS with imprisonment of either description for up to seven years, or fine, or both.

When Section 93 BNS Does Not Apply

  • The child had attained twelve years of age at the time of the act
  • The accused was not the father, mother, or person having the care of the child
  • The child was left temporarily without any intention of wholly abandoning the child

Section 93 BNS in the IPC (Previous Law)

Section 93 BNS replaces Section 317 IPC from the old criminal code.

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.

View IPC Section 317 →

FAQs on Section 93 BNS

What does Section 93 BNS punish?▼

It punishes the father, mother, or person having the care of a child under 12 years of age who exposes or leaves the child in any place with the intention of wholly abandoning the child. The law treats this as a serious offence because the child is unable to protect themselves.

Is intention necessary under Section 93 BNS?▼

Yes, intention is necessary. The prosecution must show that the accused exposed or left the child with the intention of wholly abandoning the child. A mere accident or temporary separation would not satisfy the section.

Is Section 93 BNS still in force today?▼

Yes. Section 93 BNS is in force under the Bharatiya Nyaya Sanhita, 2023 and directly punishes the exposure and abandonment of a child under 12 years of age.

Can a case filed under Section 93 BNS continue now?▼

Yes. Section 93 BNS is the active provision under the Bharatiya Nyaya Sanhita, 2023. Cases for current offences proceed under Section 93 BNS, while older cases from before the BNS came into force continue under the law that applied at the time of the act.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·