Exposure and Abandonment of a Child Under the BNS (Section 93): IPC 317 Mapping (2026)

Explainer · New Criminal Code · BNS

Updated for 2026 · Claw Editorial

Abandoning a young child, leaving it exposed in a place where it cannot fend for itself, is a criminal offence when done by the very people who are meant to care for it. The new code keeps this offence, renumbered. If a charge sheet mentions Section 93 of the Bharatiya Nyaya Sanhita, this is the provision in play. This explainer sets out what Section 93 covers, who it applies to, the punishment, and how it maps to the old IPC Section 317. Last verified October 2026.

01Section 93 in one answer

Section 93 of the Bharatiya Nyaya Sanhita, 2023 (BNS) punishes a parent, or a person having the care of a child under twelve years, who exposes or leaves the child in any place with the intention of wholly abandoning it. The BNS came into force on 1 July 2024 and replaced the Indian Penal Code.

The punishment is imprisonment of up to seven years, or a fine, or both. This is the successor to IPC Section 317.

Section 93 punishes a parent or carer who exposes or leaves a child under twelve with intent to abandon it wholly. It carries up to seven years, or a fine, or both.

02Who it applies to and what must be shown

The section is deliberately narrow. It targets the people responsible for the child, not strangers, and it needs a specific intention.

• Who: the father or mother of the child, or any person having the care of the child.
• The child: a child under twelve years of age.
• The act: exposing or leaving the child in any place.
• The intent: doing so with the intention of wholly abandoning the child.

The intention to abandon wholly is the heart of the offence. Temporary neglect, or leaving a child briefly in another’s care, does not fit, because the law requires an intention to cut off care completely.

03Punishment and classification

The punishment under Section 93 is imprisonment of up to seven years, or a fine, or both.

There is no minimum term, so a court has discretion over the sentence. The offence is cognizable and bailable, and it is triable by a Magistrate of the first class.

04If the child dies

Section 93 does not shut out a graver charge if the child dies. The section carries an explanation making clear that it does not prevent the person from being tried for murder or culpable homicide, as the case may be, if the child dies as a result of the exposure.

So where abandonment leads to the death of the child, the prosecution can look to the murder provision under Section 103 or the culpable homicide provision under Section 105, depending on the mental element made out. Section 93 is for the abandonment itself, not for a death that follows.

05How it maps to IPC 317

Section 93 replaced IPC Section 317. The persons covered, the under-twelve age limit, the intent to abandon wholly, the seven-year punishment, and the explanation about murder or culpable homicide all carried over.

So the substance is essentially unchanged. The main change is the renumbering and the move from the IPC to the BNS. For the full table, see our IPC to BNS section mapping. Related child offences include kidnapping under Section 137 and selling a child for prostitution under Section 98.

06Practical points

• Intent to abandon wholly is the key. The prosecution must show the carer meant to cut off care altogether, not just that the child was left alone.
• The accused must be a parent or carer. A stranger who comes across and harms a child is dealt with under other offences, such as kidnapping.
• Watch for a graver charge. If the child dies, a murder or culpable homicide charge can be added.
• Date of the offence decides the code. The BNS applies to offences on or after 1 July 2024. Earlier cases stay under IPC 317.

07Where Claw fits

Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.

A Section 93 matter usually turns on one hard question, whether the carer really meant to abandon the child for good, and that line is drawn case by case. Claw lets you read how judges have decided it: pull up rulings under Section 93 and the old IPC 317 from a store of more than 30 crore judgments, reaching back to the Supreme Court in 1950 and the High Courts in 1990, with each result and citation ready in under five seconds. Alongside the reading, you can keep your own abandonment matter in view, following every order and hearing date as it moves through any of 9,102 courts, benches and forums. See how Claw handles case search across Indian courts.

Opening a free Claw account takes a minute, and from there you can look up and follow these cases by the party or the advocate on record. Claw does not use customer case documents to train AI models. This explainer is general information, not legal advice, so check the current text of the section and take advice from counsel before you act.

08Sources and further reading

• India Code (official text of the BNS): indiacode.nic.in
• Ministry of Home Affairs (new criminal laws): mha.gov.in
• BNS Section 93 text: devgan.in
• Claw: clawlaw.in

Section numbers and punishments were checked against the published BNS text in October 2026. Always read the section as it stands on the day you act.

09Frequently asked questions