Bailabel Type : bailable

Description

Description:

Section 317 of the Indian Penal Code (IPC) addresses the criminal offense of child abandonment by the parents or a person responsible for the care of a child under the age of twelve years. This provision specifically targets cases where a child is exposed or left in any place with the intention of abandoning the child completely, which is an act of gross neglect and cruelty.

The key aspects of this section include:

1. Who is Responsible:
   The law applies to parents (father or mother) or any person who has the care of a child under twelve years of age. This includes legal guardians or caretakers who are responsible for the well-being of the child.

2. Exposing or Leaving the Child:
   The offense occurs when the person exposes or leaves the child in a place where the child is at risk of harm, neglect, or even death. The term “expose” typically refers to leaving the child in a location where the child can be vulnerable to the elements, lack of care, or harm from others.

3. Intent to Abandon:
   The person must intend to abandon the child completely. Abandonment is defined as the act of leaving the child with no intention of returning or providing care. This section aims to prevent the abandonment of children and protect their rights to care, nurturing, and safety.

4. Age of the Child:
   This law specifically applies to children under the age of twelve years, acknowledging the vulnerability of children at this developmental stage who are unable to care for themselves.

Scope of the Offense:

• Exposing the Child:
  Exposing or leaving a child in a public place, such as a street, park, or any other vulnerable location, with the intent of abandoning the child, is punishable under this section.

• Parental and Guardian Responsibility:
  Parents or anyone responsible for the child’s care are legally bound to ensure the child's safety. A breach of this responsibility, especially with the intent of abandonment, can result in severe legal consequences.

• Punishment for Endangering the Child's Welfare:
  The law recognizes that exposing or abandoning a child endangers their well-being and future, hence the imposition of stringent punishments for those found guilty of such offenses.

Punishment

Punishment:

Section 317 IPC provides the following punishment for the crime of child abandonment:

1. Imprisonment:
   • The offender may face imprisonment for a term that can extend to seven years.
2. Fine:
   • The person may also be liable to a fine, the amount of which will depend on the discretion of the court.
3. Both Imprisonment and Fine:
   • In some cases, the court may impose both imprisonment and fine for the offense.