IPC Section 317 - Exposure 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.

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Bailable, Cognizable

Official Text

“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 both.”

Legal Analysis

Elements to Prove:

  • The accused was the parent or had care of the child.
  • The child was under twelve years of age.
  • The accused exposed or left the child in a place.
  • The intention was to wholly abandon the child.

Potential Defenses:

  • The accused was not the parent or caregiver.
  • The child was not under twelve years.
  • No abandonment occurred.
  • The accused had no intention to abandon.

Practical Examples

What Constitutes the Offense:

A parent leaving a child alone in a dangerous place, or abandoning a child without proper care.

What Doesn't Constitute:

A parent leaving a child with a trusted caregiver, or in a safe environment.

Important Case Laws

State of Maharashtra v. Dr. Anil Vasantrao Deshmukh (2021)

The Supreme Court emphasized the duty of parents and caregivers to protect children from abandonment.

Punishment

Up to 7 years, or Fine, or both

Related Information

Connected Sections:

This section deals with child abandonment. It is related to other child protection laws.

Procedural Aspects:

Prosecution requires proof of intention to abandon. The case is triable by a Court of Session.

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