Introduction 

• Chapter V of Bharatiya Nyaya Sanhita, 2023 (BNS) consists of offences against the child and woman. 
• Section 93 to 99 of BNS contains provisions with respect to offences against child which align provisions related to abandonment and concealment of children along with offences related to their exploitation.  

Abandonment and Concealment of Children 

Exposure and Abandonment of Child

• Provision:  
  • Section 93 of the BNS criminalizes the act of a parent or a person having care of a child under the age of 12 years exposing or leaving the child in any place with the intention of wholly abandoning the child.  
• Essentials:  
  • Father or Mother/ Person having care of child 
  • Child under 12 years of age 
  • Act of exposing or leaving of child 
  • Intention 
• Punishment:  
  • Imprisonment for a term extending up to seven years, or fine, or both.  
• Explanation:  
  • However, the provision expressly states that it does not prevent the trial of the offender for more serious offences such as murder or culpable homicide, in the event the child dies as a consequence of the exposure. 
• Position under IPC:  
  • This was earlier contained in Section 317 of Indian Penal Code, 1860 (IPC). 

Concealment of Birth by Secret Disposal of Dead Body  

• Provision:  
  • Section 94 of the BNS addresses the offence of Concealment of birth by secret disposal of dead body. 
• Essentials:  
  • The offender secretly buries or otherwise disposes of the dead body of a child. 
  • The child may have died before, after, or during its birth. 
  • The offender intentionally conceals or endeavors to conceal the birth of such child. 
• Punishment:  
  • The offence is punishable with imprisonment for a term which may extend to two years, or with fine, or with both, if a person intentionally conceals or endeavors to conceal the birth of such a child. 
• Position in IPC:  
  • This Section was earlier contained in Section 318 of IPC.   

Exploitation of Children 

Hiring, Employing or Engaging a Child to Commit an Offence  

• Provision:  
  • Section 95 of the BNS criminalizes the act of hiring, employing, or engaging a child to commit an offence.  
• Punishment:  
  • The punishment for this offence is imprisonment for a term not less than three years but which may extend to ten years, along with a 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 the child for sexual exploitation or pornography  
  • Is covered within the meaning of this Section. 
• Position in IPC:  
  • This Section was not contained earlier in IPC.   

Procuration of Child  

• Provision:  
  • Section 96 of the BNS establishes the offence of procuration of a child. 
• Essential:  
  • Any Person by any means whatsoever 
  • Inducement 
  • A child to go from any place or to do any act  
  • Having Intention or Knowledge that it is likely that the child will be, forced or seduced to illicit intercourse with another person 
• Punishment:  
  • Imprisonment which may extend to ten years, and fine. 
• Position in IPC:  
  • Under IPC there was no provision with regard to procuration of child. The provision contained in IPC was with regard to procuration of minor girl under Section 366A of IPC.   

Kidnapping or Abducting a Child Under 10 for Theft 

• Provision:  
  • Section 97 of the BNS criminalizes the act of kidnapping or abducting any child under the age of ten years with the intention of dishonestly taking any movable property from the person of such child.  
• Punishment:  
  • The punishment for this offence is imprisonment for a term which may extend to seven years, and a fine. 
• Position in IPC:  
  • This provision was earlier contained in Section 369 of IPC.   

Selling and Buying Child for Prostitution, etc.  

• Provisions:  
  • Sections 98 and 99 of the BNS deal with the offences of selling and buying a child for prostitution, illicit intercourse, or any other unlawful and immoral purpose.  
• Section 98:  
  • It punishes the act of selling, letting to hire, or otherwise disposing of a child with such intent or knowledge, with imprisonment for a term which may extend to ten years, and a fine.  
• Explanations:  
  • Explanation 1: When a female under the age of eighteen years is  
    • Sold  
    • Let for hire  
    • Or otherwise disposed of to a prostitute  
    • Or to any person who keeps or manages a brothel  
    • the person so disposing of such female shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution. 
  • Explanation 2: It provides for the meaning of “illicit intercourse” within the meaning of this Section:  
    • Sexual intercourse between  persons  
    • Not united by marriage or union or tie which though not amounting to a marriage, is recognised by the personal law or custom of the community to which they belong, or  
    • where they belong to different communities, of both such communities, as constituting between them a quasi-marital relation.  
• Position in IPC:  
  • Law covered under Section 98 of BNS was contained in Section 372 of IPC.     
• Section 99:  
  • It punishes the act of buying, hiring, or otherwise obtaining possession of a child with such intent or knowledge, with imprisonment for a term not less than seven years but which may extend to fourteen years, and a fine.  
• Explanations:  
  • Explanation 1 to Section 99 provides that any prostitute or any person keeping or managing a brothel, who buys, hires or otherwise obtains possession of a female under the age of eighteen years shall, until the contrary is proved, be presumed to have obtained possession of such female with the intent that she shall be used for the purpose of prostitution.  
  • Explanation 2 to Section 99 provides that “Illicit intercourse” has the same meaning as in Section 98 of BNS.   
• Position in IPC:  
  • The law covered under Section 99 of BNS was earlier contained in Section 373 of IPC.   

Conclusion 

It is to be noted that BNS has replaced IPC. Earlier in IPC, there were provisions regarding offences against children. However, these were spread sporadically all over the IPC. There was no separate chapter regarding the same. In the BNS the Law makers have dedicated a separate chapter outlining all the offences against children.