Section 95 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 95 of the Bharatiya Nyaya Sanhita (BNS), 2023 criminalizes the act of hiring, employing, or engaging a child to commit any offense. This provision is designed to protect children from exploitation and abuse by individuals who may seek to use them in criminal activities.
📜 Text of Section 95
Section 95 – Hiring, employing or engaging a child to commit an offence
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 shall also be punished with the punishment provided for that offence as if the offence has been committed by such person himself.
Explanation.—Hiring, employing, engaging or using a child for sexual exploitation or pornography is covered within the meaning of this section.(aaptaxlaw.com, vidhijudicial.com)
⚖️ Key Elements
Offense Definition: The section specifically addresses the act of hiring, employing, or engaging a child to commit any offense, thereby holding individuals accountable for involving minors in criminal activities.
Punishment: The provision mandates a minimum imprisonment of three years, extendable up to ten years, along with a fine. Additionally, if the offense is committed, the individual is subject to the same punishment as if they had committed the offense themselves.
Scope of Application: The explanation clarifies that the section encompasses the use of children for serious crimes, including sexual exploitation and pornography.
🧠 Legal Significance
Section 95 introduces a significant legal provision aimed at protecting children from being exploited in the commission of crimes. By criminalizing the act of involving children in offenses, the law seeks to deter individuals from exploiting minors and ensures that those who do so face stringent penalties. This provision aligns with international standards for child protection and reinforces the state's commitment to safeguarding children's rights and well-being.
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