Offences against children

1. The setting: miscarriage and the unborn child

Sections 88–90 (old ss.312–314 IPC) deal with causing miscarriage, with or without the woman's consent, and death caused by an act done with intent to cause miscarriage. They protect the pregnant woman. A miscarriage caused in good faith to save her life is excepted, and terminations under the Medical Termination of Pregnancy Act, 1971 are lawful. Sections 91 and 92 protect the child itself.

2. Act to prevent a child being born alive or to cause it to die after birth: section 91 (old s.315)

Whoever, before the birth of a child, does any act intending to prevent that child from being born alive or to cause it to die after birth, and by that act prevents it from being born alive or causes it to die after birth, is punished with up to ten years, or fine, or both, unless the act is done in good faith to save the mother's life. Two elements: an act before birth, and the specific intention; the result must follow.

3. Death of a quick unborn child by an act amounting to culpable homicide: section 92 (old s.316)

Whoever does an act in such circumstances that, if he thereby caused death, he would be guilty of culpable homicide, and by that act causes the death of a quick unborn child: up to ten years and fine. The illustration: A, knowing he is likely to cause the death of a pregnant woman, does an act which would be culpable homicide if she died; she is injured but survives, and the quick unborn child dies. A is guilty under s.92. A child is “quick” once the mother can feel its movement.

4. Exposure and abandonment of a child under twelve: section 93 (old s.317)

Whoever, being the father or mother of a child under twelve, or having its care, exposes or leaves it in any place with the intention of wholly abandoning it: up to seven years, or fine, or both. The Explanation preserves a separate trial for murder or culpable homicide if the child dies of the exposure. The intention to abandon wholly is essential; leaving a child with relatives for a time, or at an orphanage door with a view to its care, needs careful analysis on the facts. The Juvenile Justice Act, 2015 provides a lawful route for surrender of a child.

5. Concealment of birth by secret disposal of the body: section 94 (old s.318)

Whoever, by secretly burying or otherwise disposing of the dead body of a child, whether it died before, during or after birth, intentionally conceals or tries to conceal the birth: up to two years, or fine, or both. The offence targets the concealment; it applies even where the cause of death cannot be proved and supports investigation of infanticide.

6. Hiring, employing or engaging a child to commit an offence: section 95 (new)

Whoever hires, employs or engages any child to commit an offence: not less than three years, extending to ten years, and fine; and if the offence is committed, also the punishment for that offence as if he had committed it himself. The Explanation brings hiring, employing, engaging or using a child for sexual exploitation or pornography within the section.

The section targets gangs that use children as couriers, pickpockets and drug carriers because children cannot be punished like adults. It overlaps with abetment (an adult who instigates a child under seven is liable as an abettor under s.46, Explanation 3), but s.95 adds a minimum sentence and applies even if the child is above the age of criminal responsibility.

7. Procuration of a child: section 96 (old s.366A)

Whoever, by any means whatsoever, induces any child to go from any place or to do any act, intending or knowing it likely that the child will be forced or seduced to illicit intercourse with another person: up to ten years and fine. The IPC protected only a minor girl under eighteen; s.96 covers any child, boy or girl.

8. Kidnapping or abducting a child under ten to steal from its person: section 97 (old s.369)

Whoever kidnaps or abducts a child under ten intending dishonestly to take any movable property from the person of the child: up to seven years and fine. A typical case is taking a child wearing gold ornaments to a lonely place to remove them. The general offence of kidnapping from lawful guardianship (s.137, old ss.361 and 363) covers any child under eighteen, now without the old distinction between boys (sixteen) and girls (eighteen); s.97 is the aggravated form where the object is theft from the child's person.

9. Selling and buying a child for prostitution: sections 98 and 99 (old ss.372 and 373)

Selling, letting to hire or otherwise disposing of a child with intent, or knowing it likely, that the child will be used for prostitution, illicit intercourse or any unlawful and immoral purpose: up to ten years and fine (s.98). Buying, hiring or obtaining possession of a child with that intent: seven to fourteen years and fine (s.99). Where a female under eighteen is sold to a prostitute or a brothel keeper, the intent is presumed until the contrary is proved (Explanation 1 to s.98).

10. Related laws

The BNS sits alongside special statutes that a good answer mentions: the Protection of Children from Sexual Offences Act, 2012 (sexual offences against children), the Juvenile Justice (Care and Protection of Children) Act, 2015 (cruelty to a child, s.75; using a child for begging, s.76), the Child Labour (Prohibition and Regulation) Act, 1986, and the Prohibition of Child Marriage Act, 2006. The BNS itself punishes kidnapping or maiming a child for begging in s.139.

How this is examined

“Kidnapping” is a standing question in the KSLU paper, and the offences against children are usually set with it, either as an essay on “offences against children under the BNS” or as short notes on s.95, exposure and abandonment, or procuration. Write each section with its age limit, ingredients, punishment and old IPC number, and mention s.95 as a new offence.