Child custody and maintenance cases aim to protect the physical, emotional, and financial well-being of children during and after a marital separation. While custody decisions are made under personal laws and focus on the child’s best interests, the Bhartiya Nyaya Sanhita (BNS), 2023 becomes highly relevant when any criminal conduct affects the child’s safety. Offences such as abuse, neglect, abandonment, cruelty, or wrongful restraint are treated as punishable crimes under BNS, ensuring stronger legal protection for children involved in family disputes.
Child Custody & Maintenance
Child Custody & Maintenance
Child custody and maintenance are among the most sensitive aspects of family disputes. While custody and guardianship are handled under personal laws such as the Hindu Minority and Guardianship Act or the Guardians and Wards Act, the Bhartiya Nyaya Sanhita (BNS), 2023 becomes crucial when criminal behavior affects the child’s safety, welfare, or emotional well-being.
Understanding these BNS provisions is essential to ensure the child is protected, supported, and raised in a safe environment during and after separation.
1. Child Abuse, Cruelty, or HarassmentAny physical, emotional, or mental cruelty towards a child is treated as a punishable offence under BNS.
2. Child Neglect or AbandonmentIf a parent deserts a child, fails to provide adequate care, or deliberately neglects the child’s needs, such actions may fall under BNS.
3. Wrongful Restraint or Confinement of a ChildUnder BNS, restraining or confining a child without lawful justification is a criminal offence.
4. Protection of Children During Marital SeparationDuring divorce or separation, children are often exposed to emotional distress.
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Detailed Description: Child Neglect or Abandonment (BNS – Section 93)
Section 93 of the Bharatiya Nyaya Sanhita (BNS), 2023, deals specifically with the offence of exposing or abandoning a child below twelve years of age. This section is designed to protect young children who are vulnerable and dependent on adults for their safety, survival, and well-being. According to this provision, if a parent or any individual who has the lawful custody, responsibility, or care of a child intentionally leaves the child in a situation where they are likely to be completely deserted, unprotected, or deprived of necessary care, such an act is considered a criminal offence. The key element in this offence is intention the person must have deliberately abandoned the child with no plan to return, rescue, or ensure the child’s safety. The law recognizes that a child under twelve cannot look after themselves and is at high risk if left alone, making such misconduct extremely serious.
The section further clarifies that abandonment does not merely mean leaving the child temporarily; it refers to a conscious and purposeful act where the caretaker or parent withdraws all responsibility. For example, leaving a young child at a public place like a railway station, bus stop, or isolated location with no intention of coming back or ensuring someone else takes charge falls under this offence. Such actions put the child in danger of injury, exploitation, starvation, trafficking, or even death. Due to the grave consequences that abandonment can cause, the BNS treats it as a strict criminal offence aimed at ensuring child protection at all levels.
1. What does “child abandonment” mean under BNS?
Child abandonment refers to deliberately leaving a child in a situation where they are likely to be completely deserted, unsafe, or without any care or protection. The act must be intentional and not accidental.
2. What is the punishment for child abandonment under Section 93?
The punishment may include:
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Imprisonment up to 7 years, and
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Fine
The court may impose either or both penalties.
3. What if the child dies due to abandonment?
If the child’s abandonment results in death, the offender may also be charged with more serious crimes such as murder or culpable homicide, in addition to Section 93.
4. Is child neglect also covered under this section?
Yes. If the neglect is intentional and places the child in a situation where they are completely deserted or unsafe, it falls under abandonment and is punishable under Section 93.
Overall, Section 93 of the Bharatiya Nyaya Sanhita reinforces the moral and legal responsibility of parents and caretakers toward children. It ensures that any deliberate act of exposing or abandoning a child below twelve years of age is treated as a serious offence, deserving strict punishment. By criminalizing such behaviour, the law sends a strong message that the safety and welfare of children are non-negotiable and that society must safeguard its youngest and most vulnerable members at all costs.
