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

Indian Penal Code, 1860

Section 317 IPC at a Glance

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

Punishment

Imprisonment of either description for up to seven years.

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

Section 93 →

Section 317 IPC Bare Act Text

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.

Source: Section 317, Indian Penal Code, 1860

Section 317 IPC in Simple Words

Section 317 of the Indian Penal Code (IPC) punishes the exposure or abandonment of a child under twelve years of age by a parent or person having care of that child. The offence requires an intention of wholly abandoning the child.

The prescribed penalty is imprisonment of either description for up to seven years, or fine, or both. If the child dies as a result of the exposure, the Explanation ensures the offender can still be prosecuted for culpable homicide or murder.

Ingredients of Section 317 IPC

  • The child was under the age of twelve years
  • The accused was the father or mother of the child, or had care of the child
  • The accused exposed or left the child in any place
  • The act was done with the intention of wholly abandoning the child

Punishment Under Section 317 IPC

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 317 IPC

In 2018, Deepak was the father and sole caregiver of his daughter Meera, who was five years old, in Madurai. Unwilling to continue raising the child, Deepak took Meera to a crowded market square near a temple in Madurai, left her alone on a stone bench, and boarded a train to another state with the fixed intention of wholly abandoning her forever. Because Deepak was the father of a child under the age of twelve years and left her in a place with the intention of wholly abandoning her, Deepak is punishable under Section 317 IPC.

When Section 317 IPC Does Not Apply

  • Section 317 IPC does not apply if the child who was left behind had already reached twelve years of age.
  • A person who is neither a parent nor entrusted with the care of the child cannot be held liable under Section 317 IPC.
  • Leaving a child unattended for a brief period with the intention of returning does not attract Section 317 IPC because there is no intention to wholly abandon the child.
  • Accidental separation from a child in a crowded place without any deliberate act of exposure or abandonment falls outside Section 317 IPC.

Section 317 IPC in the BNS

Section 317 IPC is now covered under Section 93 BNS.

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 detailed comparison (IPC 317 vs BNS 93) →

FAQs on Section 317 IPC

What does Section 317 IPC penalise?▼

Section 317 IPC penalises a father, mother, or person having care of a child under twelve years who exposes or leaves such child in any place with the intention of wholly abandoning it.

What is the punishment under Section 317 IPC?▼

The punishment is imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

Who can be prosecuted under Section 317 IPC?▼

The section applies to the father or mother of a child under twelve years of age, or any person having the care of such child.

What mental element must be proved under Section 317 IPC?▼

The prosecution must establish that the accused acted with the specific intention of wholly abandoning the child.

Can an accused under Section 317 IPC be tried for murder if the child dies?▼

Yes. The Explanation to Section 317 IPC makes clear that the section does not prevent trial for murder or culpable homicide if the child dies in consequence of the exposure.

Which court tries an offence under Section 317 IPC?▼

An offence under Section 317 IPC is triable by a Magistrate of the first class.

Can an offence under Section 317 IPC be compounded?▼

No. Section 317 IPC is not compoundable under Section 320 CrPC.

Where is Section 317 IPC located in the Bharatiya Nyaya Sanhita?▼

It is located in Section 93 BNS.

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

Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·