The Bharatiya Nyaya Sanhita (BNS) of 2023 marks a critical advancement in safeguarding children’s rights and well-being. Sections 93–99 specifically address serious offenses against children, including abandonment, exploitation, concealment, and trafficking. Each section outlines clear punishments, highlighting the gravity of these offenses and aiming to deter child abuse. Let’s explore these sections and their corresponding penalties to understand how they protect children in India.
Section 93: Exposure or Abandonment of a Child
Under Section 93, exposing or abandoning a child under 12 years of age is a criminal offense. Abandonment puts children at severe risk, exposing them to possible physical harm, exploitation, and even death.
- Punishment: Conviction under this section can result in imprisonment for up to seven years, a fine, or both.
- Additional Penalty for Fatality: If the child dies due to the exposure or abandonment, the offender may face more severe charges, such as murder or culpable homicide, with correspondingly harsher penalties.
Section 94: Concealment of Birth
Section 94 criminalizes the concealment of a birth by secretly disposing of a deceased child’s body. This provision targets those attempting to hide the occurrence of childbirth due to societal or familial pressures.
- Punishment: The act of concealing a birth and improperly disposing of the body is punishable by imprisonment, though the duration is typically determined by the judiciary based on case specifics. This section reinforces accountability and respect for life.
Section 95: Employment of a Child for Committing an Offense
Section 95 addresses cases where a child is hired, employed, or otherwise engaged to commit an offense. Often, children are exploited by adults to carry out crimes, either under duress or in exchange for financial incentives.
- Punishment: Those found guilty face imprisonment for a term not less than three years but may extend to ten years, a fine, or both. This penalty underscores the importance of protecting children from exposure to crime and exploitation.
Section 96: Procurement of a Child
The law criminalizes the procurement of a child, a measure aimed at preventing illegal acquisition or trafficking. This section is designed to stop trafficking for exploitative purposes, including child labor or other harmful activities.
- Punishment: Procurement of a child is punishable with imprisonment for ten years, along with a fine. This penalty is intended to act as a strong deterrent against child trafficking.
Section 97: Kidnapping or Abduction of a Child Under 10 with Intent to Steal
Section 97 covers the kidnapping or abduction of children under 10 years of age with the intent to rob them or extort valuables from their families. This section recognizes the heightened vulnerability of young children.
- Punishment: Those convicted of kidnapping or abducting a child face imprisonment of up to seven years, a fine, or both. This stiff penalty seeks to protect young children from abduction and financial exploitation.
Section 98: Sale of a Child for Prostitution
One of the most severe offenses in this chapter, Section 98 addresses the sale of a child for purposes of prostitution. This section criminalizes the sale of children into sexual trafficking and exploitation.
- Punishment: The sale of a child for prostitution is punishable with imprisonment for a minimum of ten years, which may extend to life imprisonment, along with a fine. This strict penalty emphasizes society’s zero tolerance for child exploitation.
Section 99: Buying Child for Prostitution
Section 99 complements Section 98 by criminalizing the purchase of children for prostitution. By addressing both the supply and demand sides, the BNS aims to reduce instances of child trafficking and exploitation.
- Punishment: Purchasing a child for prostitution carries the same severe penalty as selling: imprisonment for a minimum of seven years, up to 14 years, along with a fine. This provision helps create a strong disincentive for those who would seek to exploit children.
A Legal Shift: The Use of the Term “Child”
In a significant move, Sections 93–99 of the BNS use the term “child” rather than “minor” or “child under eighteen.” By defining “child” as anyone under 18 years of age, the BNS offers a broad, gender-neutral scope of protection, ensuring all minors are covered under these laws.
Conclusion
Sections 93–99 of the Bharatiya Nyaya Sanhita, 2023 represent critical advancements in India’s child protection laws. Through strict penalties, these sections aim to deter offenses like child abandonment, exploitation, and trafficking, helping foster a safer, more secure environment for the nation’s youth. With these new measures, the BNS reiterates India’s commitment to defending the sanctity and safety of childhood, demanding accountability from offenders and promoting a society that respects and nurtures its young.