LectureLoading…

Offences against child (ss. 88-99 BNS): miscarriage, the unborn and newborn child, abandonment, hiring a child for crime, procuration, sale and purchase for prostitution; POCSO, the JJ Act and child trafficking

LUG-106 Substantial Law of Crimes-I (The Bharatiya Nyaya Sanhita, 2023 - I), Unit IV: Offences against child (ss. 91-97). · LLB · 60 min

The last part of Chapter V protects the child, now defined as any person under eighteen (s. 2(3)). The lecture begins with the miscarriage offences (ss. 88-90) as the lead-in, then takes ss. 91-99 one by one: preventing a child being born alive, killing a quick unborn child, exposing a child under twelve, concealing a birth, the new offence of hiring or employing a child to commit an offence (s. 95), procuration, kidnapping a child under ten to steal from it, and selling or buying a child for prostitution. It then places the Sanhita beside the three special laws the examiner expects: the POCSO Act, 2012 (which overrides the BNS), the Juvenile Justice Act, 2015 (the child as offender: ss. 20-21 BNS, the 16-18 heinous-offence rule and Shilpa Mittal) and the trafficking provisions (s. 143 BNS, Bachpan Bachao Andolan).

Objectives

Slides

  1. The child in the Sanhita: who is a child, and the scheme of ss. 88-99
  2. Causing miscarriage: ss. 88-90 (ss. 312-314 IPC)
  3. Sections 91-92: preventing a live birth; killing a quick unborn child (ss. 315-316 IPC)
  4. Sections 93-94: exposure and abandonment; concealment of birth (ss. 317-318 IPC)
  5. Section 95: hiring, employing or engaging a child to commit an offence (new)
  6. Sections 96-97: procuration of a child; kidnapping a child under ten to steal (ss. 366A, 369 IPC)
  7. Sections 98-99: selling and buying a child for prostitution (ss. 372-373 IPC)
  8. Child trafficking: s. 143 BNS (s. 370 IPC) and Bachpan Bachao Andolan
  9. The POCSO Act, 2012 and the BNS: the special law prevails
  10. The child as offender: ss. 20-21 BNS, the JJ Act, 2015 and Shilpa Mittal
  11. How the examiner asks it

Loading the lecture…