Section 317 IPC: Exposure and Abandonment of a Child Under Twelve
Section 317 of the Indian Penal Code, 1860 dealt with a parent or other person responsible for a child below twelve years who exposed or left the child with the intention of wholly abandoning the child. The corresponding provision under the Bharatiya Nyaya Sanhita, 2023 (BNS) is Section 93.
Section 317 IPC: Original statutory provision
Heading: Exposure and abandonment of child under twelve years, by parent or person having care of it.
Whoever 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.
The quoted provision is retained for reference to the historical IPC. The offence applies to intentional complete abandonment, rather than every temporary absence or every instance of inadequate care.
Current law: Section 93 of the Bharatiya Nyaya Sanhita, 2023
Section 93 BNS, titled Exposure and abandonment of child under twelve years of age, by parent or person having care of it, carries forward the offence of exposing or leaving a child below twelve with the intention of wholly abandoning the child. It retains a punishment of imprisonment of either description for a term extending to seven years, or fine, or both. Its explanation likewise does not prevent a trial for murder or culpable homicide if the child dies because of the exposure.
The BNS came into force on 1 July 2024. The IPC and relevant saving and transitional provisions remain important for offences committed before that date. Section numbers must not be confused: Section 317 IPC corresponds to Section 93 BNS, not Section 317 BNS.
Essential ingredients of the offence
- Age: The child must be under twelve years of age.
- Responsibility: The accused must be the father, mother, or another person having care of the child.
- Conduct: The accused must expose or leave the child in some place.
- Intention: The conduct must be accompanied by the intention of wholly abandoning the child.
The prosecution must establish the statutory ingredients through admissible evidence. The location, child's age, circumstances of leaving, subsequent conduct, communications and available care arrangements may be relevant to whether the requisite intention existed.
Punishment under IPC Section 317 and BNS Section 93
| Issue | IPC Section 317 | BNS Section 93 |
|---|---|---|
| Offence | Exposure or abandonment of a child under twelve by parent or caregiver | Corresponding offence concerning a child under twelve |
| Maximum imprisonment | Seven years | Seven years |
| Fine | Fine may be imposed instead of, or along with, imprisonment | Fine may be imposed instead of, or along with, imprisonment |
| Child dies following exposure | Separate murder or culpable homicide prosecution is not barred | Corresponding explanation preserves such prosecution |
| Principal application | Historical offences, subject to applicable law and savings | Offences governed by BNS from 1 July 2024 |
What if the child dies?
The statutory explanation expressly preserves liability for murder or culpable homicide where the facts satisfy those offences. Death does not automatically prove murder: causation, mental element and the other legal requirements must be examined separately.
Related laws protecting abandoned children
The Juvenile Justice (Care and Protection of Children) Act, 2015 provides a child-protection framework for children in need of care and protection, including children who are abandoned or otherwise lack safe care. Under Section 2(14), the definition of a child in need of care and protection covers several relevant situations; the Act also establishes Child Welfare Committees and processes for care, protection and rehabilitation.
Criminal liability for abandonment and the child's immediate safety and rehabilitation are distinct issues. A child found abandoned should be brought to the attention of appropriate child-protection authorities or emergency services without delay.
Official legislation and government references
- India Code: Official repository of central legislation — consult the Bharatiya Nyaya Sanhita, 2023 (Section 93), and the Indian Penal Code, 1860 (Section 317).
- Ministry of Home Affairs — official information and notifications concerning the new criminal laws.
- India Code: Juvenile Justice (Care and Protection of Children) Act, 2015 — consult Section 2(14) and provisions on child protection.
- Central Adoption Resource Authority (CARA) — official information on lawful adoption procedures.
Frequently asked questions
What is Section 317 of the IPC?
Section 317 IPC penalised a parent or person having care of a child below twelve years who exposed or left the child in any place with the intention of wholly abandoning the child.
What is the punishment under Section 317 IPC?
Imprisonment of either description for up to seven years, or a fine, or both.
Which BNS provision corresponds to IPC Section 317?
Section 93 of the Bharatiya Nyaya Sanhita, 2023 addresses exposure and abandonment of a child under twelve years by a parent or person having care of the child.
Does the offence require an intention to abandon the child completely?
Yes. The statutory language requires the intention of wholly abandoning the child; the facts and surrounding circumstances are relevant.
What happens if the child dies after abandonment?
The explanation preserves prosecution for murder or culpable homicide, where the facts and legal ingredients support such a charge.
Legal information: This article provides general information about Indian law. The applicable offence, procedure and outcome depend on the date and facts of the alleged conduct and the law in force.