Section 95 BNS: Hiring, employing or engaging a child to commit an offence

Bharatiya Nyaya Sanhita, 2023

Section 95 BNS at a Glance

Section 95 BNS deals with hiring, employing or engaging a child to commit an offence. It is non-bailable and cognizable, triable by Magistrate of the first class.

Punishment

Imprisonment of either description for a term which shall not be less than three years but which may extend to ten years, and if the offence is committed, also the punishment provided for that offence as if committed by the offender himself.

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

Section 95 BNS Bare Act Text

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.

Source: Section 95, Bharatiya Nyaya Sanhita, 2023

Section 95 BNS in Simple Words

Section 95 of the Bharatiya Nyaya Sanhita (BNS) makes it a criminal offence to hire, employ, or engage any child to commit an offence. This provision applies to any person who uses a child in this manner, regardless of whether the underlying offence is ultimately carried out.

A person who hires, employs, or engages a child to commit an offence shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to ten years, and with fine. In addition, if the offence for which the child was hired, employed, or engaged is actually committed, the offender shall also be punished with the punishment provided for that offence as if the offender had committed it personally.

The Explanation to Section 95 BNS clarifies that hiring, employing, engaging, or using a child for sexual exploitation or pornography is expressly covered within the meaning of this section.

Ingredients of Section 95 BNS

The accused hired, employed or engaged a child
The hiring, employment or engagement was to commit an offence
Using a child for sexual exploitation or pornography is included
If the offence was actually committed, the child acted under that hiring, employment or engagement

Punishment Under Section 95 BNS

Imprisonment

Fine

The offender shall be punished with fine in addition to imprisonment.

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

Hiring, employing, or engaging a child to commit an offence is punishable with imprisonment of either description for three to ten years and fine, and if the offence is committed, also with the punishment provided for that offence as if committed by the offender himself.

Example of Section 95 BNS

Near Nagpur railway station, Rakesh promised 14-year-old Anjali money and food if she would carry a stolen mobile phone to a buyer and say it was hers if stopped. Shalini, who worked at a nearby tea stall, saw Rakesh instructing Anjali and later heard him admit he used children because police suspect them less. Here, Rakesh engaged a child for the purpose of committing an offence. If the delivery of the stolen phone was completed, he would also face the punishment for that offence as if he had committed it himself.

When Section 95 BNS Does Not Apply

An adult is hired or engaged to commit an offence, not a child
A child is given lawful work, and there is no hiring, employment or engagement to commit any offence
A child commits an offence on their own, without being hired, employed or engaged by the accused
The allegation is only about negligence or poor supervision of a child, without using the child to commit an offence

Previous Law (IPC)

Section 95 BNS is a new standalone provision in the Bharatiya Nyaya Sanhita, 2023 with no equivalent section in the Indian Penal Code. It specifically punishes hiring, employing, or engaging a child to commit an offence, including using a child for sexual exploitation or pornography, with imprisonment from three to ten years and fine, in addition to the punishment for the offence itself if committed.

FAQs on Section 95 BNS

What does Section 95 of the Bharatiya Nyaya Sanhita cover?▼

Section 95 BNS covers hiring, employing or engaging a child to commit an offence. It also expressly includes hiring, employing, engaging or using a child for sexual exploitation or pornography.

What has to be proved under Section 95 BNS?▼

The prosecution has to show that the person hired, employed or engaged a child to commit an offence. If the case is about sexual exploitation or pornography, the Explanation says that using a child for that purpose also falls within this section.

What is the punishment for hiring or using a child to commit an offence under Section 95 BNS?▼

The punishment is imprisonment of either description for not less than three years and up to ten years, along with fine. If the offence is actually committed, the person can also be punished for that offence as if he had committed it himself.

Is using a child for sexual exploitation or pornography covered by Section 95 BNS?▼

Yes. The Explanation to Section 95 BNS clearly says that hiring, employing, engaging or using a child for sexual exploitation or pornography is covered within this section.

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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: 15 Oct 2026 ·