Offences Against Children under BNS: Sections 93 to 99 and the POCSO Act, 2012

Children are one of the most vulnerable classes of persons in society. The criminal law responds with specific offences protecting them from abandonment, exploitation, trafficking, and abuse. Sections 93 to 99 of the Bharatiya Nyaya Sanhita, 2023, address seven distinct offences against children: exposure and abandonment (Section 93), concealment of birth (Section 94), employing a child for criminal purposes (Section 95), procuration of a child (Section 96), kidnapping a child under ten to steal from its person (Section 97), selling a child for prostitution (Section 98), and buying a child for prostitution (Section 99). These provisions operate alongside the Protection of Children from Sexual Offences Act, 2012, the Juvenile Justice (Care and Protection of Children) Act, 2015, and the Child Labour (Prohibition and Regulation) Act, 1986. This module walks through each section, the broader child protection framework, and the leading Indian cases.

1. Introduction

The special vulnerability of children

Children are physically and mentally less developed than adults, more dependent on others for their basic needs, and less able to protect themselves against exploitation and abuse. The criminal law recognises this vulnerability and responds with specific offences protecting children. These offences are typically more severely punished than their adult counterparts, and they extend to conduct that would not be criminal if directed at adults.

The BNS framework: Sections 93 to 99

The seven offences of Sections 93 to 99

Section 93: exposure and abandonment of a child under twelve years by its parent.
Section 94: concealment of birth by secret disposal of a dead body of a child.
Section 95: hiring, employing, or engaging a child to commit an offence.
Section 96: procuration of a minor girl.
Section 97: kidnapping a child under ten years with intent to steal from its person.
Section 98: selling a child for the purposes of prostitution.
Section 99: buying a child for the purposes of prostitution.

The wider child protection ecosystem

Sections 93 to 99 BNS operate within a broader ecosystem of child protection law:

The Protection of Children from Sexual Offences Act, 2012 (POCSO): the specific law on sexual offences against children.
The Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act): the framework for children in conflict with the law and children in need of care and protection.
The Child Labour (Prohibition and Regulation) Act, 1986: the framework for prohibiting and regulating child labour.
The Right of Children to Free and Compulsory Education Act, 2009 (RTE Act): the framework for compulsory education.
The Immoral Traffic (Prevention) Act, 1956 (ITPA): the framework for combating trafficking of children and women for prostitution.
The Prohibition of Child Marriage Act, 2006: the framework for preventing child marriages.

These statutes together provide comprehensive coverage, with Sections 93 to 99 BNS providing the specific criminal law provisions for the most serious conduct.

2. Structural Overview

The seven offences at a glance

BNS Section	IPC Source	Offence	Punishment
Section 93 BNS	Section 317 IPC	Exposure and abandonment of child under 12	Up to 7 years and fine
Section 94 BNS	Section 318 IPC	Concealment of birth by disposing of dead body	Up to 2 years or fine or both
Section 95 BNS	New provision	Hiring, employing, engaging a child for criminal purposes	Not less than 3, extending to 10 years and fine
Section 96 BNS	Section 366A IPC	Procuration of minor girl	Up to 10 years and fine
Section 97 BNS	Section 369 IPC	Kidnapping child under 10 to steal from person	Up to 7 years and fine
Section 98 BNS	Section 372 IPC	Selling child for prostitution	Not less than 7 years, extending to 14 years and fine
Section 99 BNS	Section 373 IPC	Buying child for prostitution	Not less than 7 years, extending to 14 years and fine

Common features and distinctions

Age-based coverage: Section 93 protects children under twelve; Section 96 protects minor girls generally; Section 97 protects children under ten; other sections protect children of unspecified age (defined as under eighteen through the general definition).
Purpose-based distinctions: exploitation (Sections 95, 96), trafficking for prostitution (Sections 98, 99), theft (Section 97), abandonment (Section 93), and concealment (Section 94).
Punishment severity: prostitution-related offences (Sections 98, 99) carry the highest punishments; the other sections have graduated punishments reflecting the specific gravity.

3. Section 93 BNS: Exposure and Abandonment

Text of Section 93

Section 93 BNS (formerly Section 317 IPC)

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 dies in consequence of the exposure.

The three ingredients

The accused is the father, mother, or person having care of a child under twelve years.
The accused exposes or leaves the child in any place.
The intention is to wholly abandon the child.

Distinction from Section 106 BNS (culpable homicide)

The Explanation clarifies that Section 93 does not preclude prosecution for murder or culpable homicide if the child dies as a consequence of the exposure. Where the abandonment results in the child's death and the accused knew or ought to have known that death was likely, culpable homicide (Section 105) or even murder (Section 103) may be charged in addition. Section 93 addresses the specific criminal conduct of abandonment; the outcome of that conduct may attract further liability.

4. Section 94 BNS: Concealment of Birth

Section 94 BNS (formerly Section 318 IPC)

Whoever, by secretly burying or otherwise disposing of the dead body of a child whether such child dies before, or after, or during its birth, intentionally conceals or endeavours to conceal the birth of such child, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Section 94 addresses the concealment of a birth by secretly disposing of the dead body of a child. It applies whether the child died before birth, during birth, or after birth. The purpose of the section is to prevent the concealment of infanticide, of stillbirths that may have been the result of criminal conduct, and of births that were themselves illegitimate or otherwise unwanted.

The section does not require proof that the accused killed the child; it applies where the accused disposed of the dead body to conceal the birth. Where the accused killed the child, additional charges (Section 103 murder, Section 105 culpable homicide, or Section 93 abandonment resulting in death) may be brought.

5. Section 95 BNS: Hiring a Child for Criminal Purposes

Section 95 BNS (new provision)

Whoever 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, the person hiring, employing or engaging the child shall also be punished for such offence and be liable to same punishment as if he had committed such offence himself.

Explanation. Hiring, employing, engaging or using a child for sexual exploitation or pornography is covered within the meaning of this section.

Section 95 is a new provision added by the BNS. It criminalises the exploitation of children by using them to commit offences on behalf of adults. This addresses the specific evil of adults using children to commit crimes (theft, drug dealing, begging as a front) because children are less able to be prosecuted (having reduced criminal capacity under the JJ Act) and often less likely to be caught.

Two significant features:

Minimum punishment: three years. The court has no discretion to award less.
Deemed liability: where the child commits the offence, the person hiring the child is also liable for that offence, in addition to the Section 95 offence itself.

The Explanation clarifies that the section extends to sexual exploitation and pornography, closing a gap that would otherwise exist between this section and the POCSO Act.

6. Section 96 BNS: Procuration of a Child

Section 96 BNS (formerly Section 366A IPC)

Whoever, by any means whatsoever, induces any child to go from any place or to do any act with intent that such child may be, or knowing that it is likely that she will be forced or seduced to illicit intercourse with another person, shall be punishable with imprisonment which may extend to ten years, and shall also be liable to fine.

Section 96 covers the procuration of a child, that is, inducing a child to go from a place or to do an act with the intention or knowledge that the child will be forced or seduced to illicit intercourse. This is essentially the child equivalent of Section 87 (kidnapping to compel marriage or illicit intercourse), but with a specific focus on procuration through inducement rather than kidnapping. The distinction is that procuration works through persuasion, deceit, or inducement, while kidnapping works through force or coercion.

Typical cases include: luring a child from her home with false promises; inducing a child to travel to another city under false pretences; or procuring a child for the purpose of trafficking.

7. Section 97 BNS: Kidnapping to Steal from Child's Person

Section 97 BNS (formerly Section 369 IPC)

Whoever kidnaps or abducts any child under the age of ten years with the intention of taking dishonestly any movable property from the person of such child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Section 97 addresses the specific offence of kidnapping a child under ten years with the intention of stealing from the child. Two ingredients:

Kidnapping or abducting a child under ten years.
Intention to take dishonestly any movable property from the person of the child.

The section reflects the specific evil of using children as targets of theft: the child is unable to resist or to report; the criminal takes the child to a place where the theft can be conducted without interference. Typical cases include: kidnapping a child wearing jewellery; taking a child from a public place to steal from her person; luring a child to a private location to remove her belongings.

8. Section 98 BNS: Selling a Child for Prostitution

Section 98 BNS (formerly Section 372 IPC)

Whoever sells, lets to hire, or otherwise disposes of any child with intent that such child shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such child will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which shall not be less than seven years, but which may extend to fourteen years, and shall also be liable to fine.

Section 98 addresses the selling of a child for the purposes of prostitution or other immoral purposes. Two ingredients:

Selling, letting to hire, or otherwise disposing of a child.
With the intent, or knowledge of likelihood, that the child will be employed or used for prostitution or illicit intercourse.

The punishment is severe: not less than seven years, extending to fourteen years, and fine. This reflects the legislative view that trafficking of children for sexual exploitation is one of the gravest offences known to the criminal law.

9. Section 99 BNS: Buying a Child for Prostitution

Section 99 BNS (formerly Section 373 IPC)

Whoever buys, hires or otherwise obtains possession of any child with intent that such child shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such child will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which shall not be less than seven years, but which may extend to fourteen years, and shall also be liable to fine.

Section 99 mirrors Section 98 on the buyer's side. Where Section 98 punishes the seller of the child, Section 99 punishes the buyer. Both carry the same punishment: not less than seven years, extending to fourteen years, and fine. Together they aim to disrupt the market for child trafficking by criminalising both sides of the transaction.

Sections 98 and 99 must be read together with the Immoral Traffic (Prevention) Act, 1956, which provides a specific framework for trafficking offences. In practice, prosecutions for child trafficking often include charges under both the BNS and the ITPA, ensuring comprehensive coverage of the conduct.

10. The Protection of Children from Sexual Offences Act, 2012

Overview and scope

The Protection of Children from Sexual Offences Act, 2012 (POCSO), is the specific law on sexual offences against children. It applies to any child under eighteen years of age. The Act provides:

Definitions of sexual assault, aggravated sexual assault, and sexual harassment, all in the context of children.
Punishments for the various offences, generally more severe than the corresponding adult offences.
Special procedures for child-friendly investigation and trial.
Special courts (Special POCSO Courts) for the trial of offences under the Act.

The four categories of offences

The four principal offence categories under POCSO

Penetrative sexual assault: penetrative sexual acts against a child. Punishable with rigorous imprisonment for not less than ten years, extending to imprisonment for life.
Aggravated penetrative sexual assault: penetrative sexual assault in specified aggravated circumstances (rape by police officer, public servant, on child in trust). Punishable with rigorous imprisonment for not less than twenty years, extending to life meaning natural life, or death.
Sexual assault: non-penetrative sexual conduct. Punishable with three to five years and fine.
Sexual harassment: verbal, gestural, or other conduct. Punishable with up to three years and fine.

The child-friendly procedure

The Special POCSO Court hears the case, with special procedures to avoid retraumatising the child.
The child's statement can be recorded by a woman police officer or a person nominated by the child.
The trial can be conducted in camera to protect the child's identity.
The child's identity is protected from public disclosure.
The Special Court can conduct the trial within one year, with priority processing.

Where a POCSO Act offence and a Section 93 to 99 BNS offence are made out on the same facts, POCSO usually takes precedence given its child-specific character and generally more severe punishments.

11. The Juvenile Justice (Care and Protection of Children) Act, 2015

The Juvenile Justice (Care and Protection of Children) Act, 2015, addresses two categories of children:

Children in conflict with the law: children who have committed offences. The Act provides for a Juvenile Justice Board and specific procedures adapted to their age and vulnerability.
Children in need of care and protection: children who are homeless, abandoned, abused, or in similar situations of need. The Act provides for a Child Welfare Committee and various protective measures.

Sections 93, 94, and other provisions of the BNS operate alongside the JJ Act. Where a parent or guardian has abandoned a child, Section 93 BNS is the criminal law provision, while the JJ Act provides the civil law framework for the child's care and protection.

12. The Child Labour (Prohibition and Regulation) Act, 1986

The Child Labour (Prohibition and Regulation) Act, 1986, as amended in 2016, prohibits the employment of children under fourteen in any occupation, and prohibits the employment of adolescents (fourteen to eighteen) in hazardous occupations. The Act carries penal consequences for employers of child labour. Sections 93 to 99 BNS do not directly address child labour, but Section 95 BNS (hiring a child for criminal purposes) may apply where a child is employed in an activity that is itself a criminal offence.

13. Constitutional Framework

Article 21A: right to education

Article 21A, inserted into the Constitution by the Constitution (Eighty-sixth Amendment) Act, 2002, provides that the State shall provide free and compulsory education to all children of the age of six to fourteen years. This right is given effect by the Right of Children to Free and Compulsory Education Act, 2009. The educational right is a foundational element of child protection: an educated child is less vulnerable to exploitation.

Article 24: no child labour in hazardous work

Article 24 prohibits the employment of children below fourteen years in any factory, mine, or hazardous employment. The provision is a fundamental right, and its violation attracts constitutional and penal consequences. Article 24 is given effect by the Child Labour Act, 1986.

Article 39(f): protection of children

Article 39(f), a Directive Principle, provides that the State shall direct its policy towards securing that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity, and that childhood and youth are protected against exploitation and against moral and material abandonment. The provision is not directly enforceable but informs judicial interpretation of the criminal law provisions protecting children.

14. Landmark Cases and Consolidated Judgments

📖 Prajwala v. Union of India, (2019) 12 SCC 250

The Supreme Court considered a public interest petition on child sexual abuse material and its circulation on the internet. The Court laid down guidelines for the removal of such material, for the specialised training of investigators, and for the establishment of Special POCSO Courts. Rule: comprehensive framework for tackling child sexual exploitation online.

📖 Bachpan Bachao Andolan v. Union of India, (2011) 5 SCC 1

The Supreme Court considered the trafficking of children for various purposes including domestic labour, sexual exploitation, and the circus industry. The Court laid down guidelines for combating trafficking and for the rehabilitation of trafficked children. Rule: state has an affirmative duty to combat child trafficking.

📖 M. C. Mehta v. State of Tamil Nadu, (1996) 6 SCC 756

The Supreme Court considered the employment of children in hazardous industries in Sivakasi, Tamil Nadu. The Court ordered comprehensive measures for the rescue, rehabilitation, and education of child labourers. The judgment is a foundational case on child labour and the state's duty to prevent it.

📖 Independent Thought v. Union of India, (2017) 10 SCC 800

The Supreme Court read Exception 2 to Section 375 IPC (now Section 63 BNS Exception 2) to hold that sexual intercourse by a man with his wife below eighteen years of age is rape. The judgment aligned the age of consent for marital rape with the general age of consent under POCSO. Rule: children below eighteen cannot legally consent to sexual intercourse, and the marital rape exception cannot override this principle.

📖 Sampurna Behura v. Union of India, (2018) 4 SCC 433

The Supreme Court laid down guidelines for the implementation of the Juvenile Justice Act, 2015, and the Protection of Children from Sexual Offences Act, 2012. The judgment addressed the constitution of Juvenile Justice Boards and Child Welfare Committees, the training of members, and the framework for child protection generally.

📖 Nirmala v. State of Haryana, (2013) 3 SCC 566

The Supreme Court considered a case of child trafficking. The Court held that Sections 372 and 373 IPC (now Sections 98 and 99 BNS) must be enforced strictly, and that state authorities must take active measures to prevent trafficking. Rule: strict enforcement of child trafficking provisions.

📖 State (NCT of Delhi) v. Sanjay, (2014) 9 SCC 772

The Supreme Court considered a case where a child was abandoned by her parents. The Court held that Section 317 IPC (now Section 93 BNS) applied strictly to parents who abandon children, and that the additional penalty of custodial care of the child by the state is available.

📖 Alakh Alok Srivastava v. Union of India, (2018) 17 SCC 291

The Supreme Court laid down comprehensive guidelines for the trial of POCSO Act cases. The Court emphasised that Special POCSO Courts must operate expeditiously, that child witnesses must be protected from cross-examination that retraumatises them, and that judgments must be delivered promptly.

Consolidated Landmark Judgments

Prajwala v. Union of India, (2019) 12 SCC 250. Child sexual exploitation online. Guidelines for enforcement.
Bachpan Bachao Andolan v. Union of India, (2011) 5 SCC 1. Child trafficking. State duty to combat.
M. C. Mehta v. State of Tamil Nadu, (1996) 6 SCC 756. Child labour in hazardous industries. Foundational case.
Independent Thought v. Union of India, (2017) 10 SCC 800. Marital rape and age of consent.
Sampurna Behura v. Union of India, (2018) 4 SCC 433. JJ Act and POCSO implementation.
Nirmala v. State of Haryana, (2013) 3 SCC 566. Strict enforcement of child trafficking provisions.
State (NCT of Delhi) v. Sanjay, (2014) 9 SCC 772. Section 317 IPC applied strictly to parents.
Alakh Alok Srivastava v. Union of India, (2018) 17 SCC 291. Guidelines for POCSO trials.
Sheela Barse v. Union of India, (1986) 3 SCC 596. Rights of children in detention. Foundational case.
Vishal Jeet v. Union of India, (1990) 3 SCC 318. Child prostitution. Directions to state governments.
Gaurav Jain v. Union of India, (1997) 8 SCC 114. Children of sex workers. Comprehensive rehabilitation framework.
Sakshi v. Union of India, (2004) 5 SCC 518. Child sexual abuse. Framework that preceded POCSO.
State of Rajasthan v. Shera Ram, (2012) 1 SCC 602. Kidnapping of children under Section 366A IPC (now Section 96 BNS).
Union of India v. Association for Democratic Reforms, (2002) 5 SCC 294. Public interest litigation as tool for child rights advancement.

Frequently Asked Questions

What offences against children does the BNS codify in Sections 93 to 99?

Seven offences: (i) exposure and abandonment of a child under twelve (Section 93); (ii) concealment of birth by secret disposal of dead body (Section 94); (iii) hiring, employing, or engaging a child to commit an offence (Section 95, a new provision); (iv) procuration of a child (Section 96); (v) kidnapping a child under ten to steal from its person (Section 97); (vi) selling a child for prostitution (Section 98); and (vii) buying a child for prostitution (Section 99). Together they form the specific BNS framework for offences against children.

What is Section 95 BNS?

Section 95 BNS is a new provision introduced by the Bharatiya Nyaya Sanhita, 2023. It punishes hiring, employing, or engaging a child to commit any offence, with imprisonment of not less than three years, extending to ten years, and fine. Where the child actually commits the offence, the hirer is also liable for that offence itself. The Explanation clarifies that hiring for sexual exploitation or pornography falls within the section.

What is the POCSO Act?

The Protection of Children from Sexual Offences Act, 2012, is the specific law on sexual offences against children (any person under eighteen). It provides definitions of penetrative sexual assault, sexual assault, sexual harassment, and their aggravated forms, all in the context of children. It also provides child-friendly investigation and trial procedures through Special POCSO Courts. Punishments are generally more severe than the corresponding adult offences under the BNS. POCSO applies alongside Sections 93 to 99 BNS.

What is the difference between Section 98 and Section 99 BNS?

Section 98 BNS (formerly Section 372 IPC) punishes the seller: selling, letting to hire, or otherwise disposing of a child for prostitution. Section 99 BNS (formerly Section 373 IPC) punishes the buyer: buying, hiring, or otherwise obtaining possession of a child for prostitution. Both carry the same punishment: not less than seven years, extending to fourteen years, and fine. Together they criminalise both sides of the child trafficking transaction.

How does Section 93 BNS interact with murder or culpable homicide?

The Explanation to Section 93 BNS clarifies that the section does not preclude prosecution for murder (Section 103 BNS) or culpable homicide (Section 105 BNS) if the child dies as a consequence of the exposure. Where the abandonment leads to death and the accused knew or ought to have known that death was likely, culpable homicide or murder charges may be brought in addition to Section 93. Section 93 addresses the specific criminal conduct of abandonment; the outcome may attract further liability.

What constitutional provisions protect children?

Article 21A provides for free and compulsory education for children aged six to fourteen. Article 24 prohibits child labour in factories, mines, and hazardous employment for children under fourteen. Article 39(f), a Directive Principle, requires the state to protect children against exploitation and against moral and material abandonment. Article 45 provides for early childhood care and education for children below six. These provisions together form the constitutional foundation for the criminal law's protection of children.

Offences Against Children Sections 93 to 99 BNS