Section 317 of the Bharatiya Nyaya Sanhita, 2023 (BNS) addresses the issue of abandoning a child. It stipulates that a parent or guardian who abandons a child below the age of 12 is subject to punishment, which can include imprisonment for up to seven years, a fine, or both. This section reflects a significant shift from the previous legal framework under the Indian Penal Code (IPC), where similar actions were also punishable but under different stipulations.
Key Aspects of Section 317
- Definition of Offense: The section specifically criminalizes the act of abandoning a child, emphasizing the legal responsibility of parents and guardians towards minors.
- Punishment: Individuals found guilty of abandoning a child may face:
- Imprisonment for up to seven years
- A fine
- Both imprisonment and fine
- Contextual Changes: The BNS retains many offenses from the IPC but introduces new definitions and structures. It aims to modernize laws related to child protection and address contemporary societal issues more effectively.
Legislative Background
The introduction of Section 317 is part of a broader legislative effort to consolidate criminal laws in India, reflecting changing societal norms regarding the treatment of children. This reform is intended to provide clearer guidelines and stricter penalties for offenses against minors, thereby enhancing their protection under the law.
Overall, Section 317 BNS represents a critical advancement in India’s legal approach to safeguarding children’s rights and ensuring accountability for neglectful behavior by parents or guardians.
Adv Ashish Sharma has dedicated his career to helping individuals and businesses navigate the intricate legal landscape with confidence. From providing expert advice on current legal issues to offering clear explanations of legal principles, he strives to empower his audience with knowledge and understanding.
