Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section95: 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 a 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.
Brief Detail
BNS Section 95: Hiring, employing or engaging a child to commit an offence outlines that anyone who hires, employs, or engages a child to commit an offence faces imprisonment of at least three years, which may extend up to ten years, along with a fine. If the child commits the offence, the individual who hired or employed the child will also be punished as if they had committed the offence themselves. The section explicitly includes hiring a child for sexual exploitation or pornography.
Question & Answers
Q1: What is the punishment for hiring a child to commit an offence under BNS Section 95?
A1: The punishment includes imprisonment of not less than three years, which may extend to ten years, and a fine. Additionally, if the child commits the offence, the person who hired or employed the child will be punished as if they had committed the offence themselves.
Q2: Does BNS Section 95 cover hiring a child for sexual exploitation?
A2: Yes, BNS Section 95 includes hiring, employing, engaging, or using a child for sexual exploitation or pornography within its provisions.
Q3: What happens if the offence committed by the child is punishable by a different penalty?
A3: If the child commits an offence, the person who hired or employed the child will be punished with the penalty provided for that offence, as if they had committed the offence themselves.
Example
Example 1: If an individual hires a child to commit theft, the individual faces imprisonment for not less than three years and up to ten years, and a fine. If the child is caught stealing, the individual will be punished as if they themselves had committed the theft.
Example 2: A person who employs a child to produce pornographic material will be punished under BNS Section 95. The individual faces imprisonment and a fine, and will also face penalties as if they had engaged in the production of pornography themselves.
Summary
BNS Section 95 imposes strict penalties on anyone who hires, employs, or engages a child to commit an offence. The punishment includes imprisonment ranging from three to ten years and a fine. If the child commits the offence, the person who engaged the child is subject to the same punishment as if they had committed the offence directly. This section also covers cases involving sexual exploitation and pornography.
