IPC 317 → BNS 93: Abandonment of Child

Quick Summary: IPC 317 vs BNS 93

The Bharatiya Nyaya Sanhita (BNS) 2023, in force since 1 July 2024, has replaced the colonial-era Indian Penal Code (IPC) 1860. IPC 317 deals with abandonment of child, part of the IPC's offences affecting the human body — homicide, hurt, wrongful restraint, criminal force, kidnapping and sexual offences, the largest group in the code. The BNS renumbers abandonment of child as BNS 93 and, for several sexual and grievous-hurt offences, enhances the punishment.

What did IPC 317 cover?

IPC 317 dealt with abandonment of child — exposure and abandonment of child under twelve years, by parent or person having care of it. Until 30 June 2024, every FIR and criminal trial for this offence was registered and prosecuted under this provision of the Indian Penal Code 1860.

BNS 93: What changed in the new law?

No major change. From 1 July 2024, new complaints relating to abandonment of child are filed under BNS Section 93, while cases registered earlier continue under the old IPC provision as per the saving clause of the BNS.

Punishment under BNS 93

Same - Up to 7 years

Practical implications for advocates, police & citizens

• Advocates: For abandonment of child, the grading of the offence — and therefore bail and forum — turns on intention, the degree of hurt and aggravating factors; map IPC 317 carefully to BNS 93.
• Police officers: Record the nature and degree of injury and the weapon or means used; a new abandonment of child FIR is filed under BNS 93.
• Law students & citizens: Punishment for abandonment of child rises sharply with the seriousness of the harm and the victim — the IPC 317 to BNS 93 change does not lower it.