Indian Penal Code, 1860
Section 317
repealedExposure and abandonment of child under twelve years, by parent or person having care of it
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.
Why this exists
This section protects young children from being abandoned by those responsible for their care, recognizing that children under twelve cannot fend for themselves and abandonment puts their life and safety at serious risk. It reflects the law's interest in ensuring parents and caretakers cannot simply discard a child they no longer wish to raise. Under the Bharatiya Nyaya Sanhita, 2023, this offence is now covered under Section 93.
Common misconceptions
- Myth: Any parent who temporarily leaves a child with a relative or caretaker can be charged under this section.
Fact: This section requires an intention to wholly abandon the child, not a temporary or arranged care situation.