Bharatiya Nyaya Sanhita, 2023
Section 95 BNS: Hiring, Employing or Engaging a Child to Commit an Offence
Section 95 of the Bharatiya Nyaya Sanhita, 2023 punishes any person who hires, employs, or engages a child to commit an offence. The provision also expressly covers hiring, employing, engaging, or using a child for sexual exploitation or pornography.
Text of Section 95 BNS
95. Hiring, employing or engaging a child to commit an offence. Whoever hires, employs or engages any child to commit an offence shall be punished with imprisonment of either description which shall not be less than three years but which may extend to ten years, and with fine; and if the offence be committed shall also be punished with the punishment provided for that offence as if the offence has been committed by such person himself.
Explanation. Hiring, employing, engaging or using a child for sexual exploitation or pornography is covered within the meaning of this section.
Meaning of "Child" Under the BNS
Section 2(3) of the Bharatiya Nyaya Sanhita, 2023 defines a "child" as any person below the age of eighteen years. Accordingly, Section 95 applies where the person hired, employed, engaged, or used for the prohibited purpose is below eighteen years of age.
What Section 95 BNS Means
The section creates a separate offence for involving a child in criminal activity. Liability arises from hiring, employing, or engaging a child to commit an offence. If the intended offence is actually committed, the person who involved the child is additionally punishable with the punishment provided for that offence as though that person had committed it personally.
Essential Ingredients of Section 95
- The person involved must be a child, meaning a person below eighteen years under Section 2(3) BNS.
- The accused must hire, employ, or engage the child.
- The purpose must be to commit an offence.
- The statutory Explanation also covers hiring, employing, engaging, or using a child for sexual exploitation or pornography.
- If the intended offence is actually committed, additional punishment for that offence applies as if the accused had committed it personally.
Punishment Under Section 95 BNS
| Situation | Punishment |
|---|---|
| Hiring, employing or engaging a child to commit an offence | Imprisonment of either description for not less than three years and up to ten years, and fine. |
| If the offence for which the child was hired, employed or engaged is actually committed | In addition, punishment provided for that offence applies as if it had been committed by the person who hired, employed or engaged the child. |
Sexual Exploitation and Pornography
The Explanation to Section 95 expressly states that hiring, employing, engaging, or using a child for sexual exploitation or pornography is included within the section. Depending on the facts, other applicable special or penal laws concerning sexual offences against children may also operate independently.
Related BNS Provisions
Section 95 forms part of the BNS provisions dealing with offences against children. Related provisions include Section 94 BNS, Section 96 BNS on procuration of child, Section 97 BNS, Section 98 BNS, and Section 99 BNS.
Official Legal References
This page provides general legal information based on the statutory text. Application of Section 95 in a particular matter depends on the facts, evidence, applicable special laws, procedural law, and judicial interpretation.