Hiring, employing or engaging a child to commit an offence
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Summary
Hiring, employing or otherwise using a child to commit an offence carries imprisonment of not less than three years and up to ten years, and a fine. If the offence is actually committed, the hirer also faces the punishment for that offence as if they had committed it themselves. Using a child for sexual exploitation or pornography is included.
Example
Ravi pays a 15-year-old to break into a neighbour's shop. If caught, Ravi faces at least three years up to ten years in prison and a fine under this provision, and if the theft actually occurs he also gets the punishment for theft as if he had committed it himself.
Bare Act
Enacted textWhoever 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.
BNSS Classification
- Imprisonment for not less than 3 years, but may extend to 10 years, and with fine;
- If offence be committed, additional punishment as provided for that offence.
- Cognizable
- Non-Bailable
- Triable by Magistrate of the first class.
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