Exposure and abandonment of child under twelve years, by parent or person having care of it
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Summary
A parent or any person caring for a child under twelve who exposes or leaves the child with the intention of wholly abandoning them commits an offence. The punishment may be up to seven years imprisonment, or a fine, or both. If the child dies because of the exposure, the person can still be tried for murder or culpable homicide.
Example
Priya leaves her two-year-old child on a roadside bench intending to abandon the child. Priya can be prosecuted and, if convicted, face up to seven years' imprisonment, or a fine, or both. If the child dies from the exposure, Priya can also be tried for murder or culpable homicide.
Bare Act
Enacted textWhoever 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.
BNSS Classification
- Imprisonment for 7 years, or fine, or both.
- Cognizable
- Bailable
- Triable by Magistrate of the first class.
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