IPC Section 317 — Exposure and abandonment of child under twelve years, by parent or person having care of it

the causing miscarriage, injuries to unborn children, the exposure infants, and the concealment births

Criminal

Punishment

Imprisonment up to 7 years, or fine, or both

As the section puts it: “shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both”

Summary

If a parent or a person responsible for a child under 12 years old leaves the child in any place with the intention of completely abandoning them, that person can be punished. The punishment can be imprisonment for up to seven years, a fine, or both.

Official Text

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.

Related Judgments

  • CRMINAL APPELLATE JURISDICTION; ANTICIPATORY BAIL APPLICATION No. 743 vs The State of Maharashtra, …, WITH, ANTICIPATORY BAIL APPLICATION No — Bombay High Court (Mumbai Principal Seat) (2018)
  • XYZ vs Union of India and ors — Bombay High Court (Mumbai Principal Seat) (2019)
  • Date of Reserve: 09.09.2015; Date of Decision: 16.09.2015; MOHD.JIYAUL vs STATE — Delhi High Court (2015)

Old <-> New Code Mapping

  • BNS §93 — Exposure and abandonment of child under twelve years of age, by parent or person having care of it