Exposure and abandonment of child under twelve years, by parent or person having care of it
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Summary
Parent or caregiver who exposes or leaves a child under twelve with the intention of wholly abandoning the child commits an offence. It applies wherever the child is left and covers fathers, mothers or any person having care of the child. Punishment is imprisonment up to seven years, or a fine, or both. If the child dies from the exposure, the person can still be tried for murder or culpable homicide.
Example
Priya leaves her three-year-old at a busy bus stop intending never to return. She can be prosecuted for abandoning the child and may face up to seven years imprisonment, a fine, or both. If the child dies because of the exposure, she could 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.
Explanations
(1) 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.
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