Code: Section 95 BNS
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.
Explanation of Section 95 BNS
Section 95 BNS criminalizes the hiring, employment, or engagement of children in criminal activities. It ensures that individuals who exploit children for illegal purposes face strict punishment.
Key Elements of Section 95 BNS
- Involvement of a Child
- The offender must hire, employ, or engage a child to commit a crime.
- A child refers to any person below 18 years of age.
- Commission of an Offense
- If the child is made to commit an offense, the person responsible is punished as if they committed the crime themselves.
- Punishment
- Minimum imprisonment of 3 years, which may extend to 10 years.
- Fine (amount determined by the court).
- Sexual Exploitation and Pornography
- The section explicitly covers child exploitation for sexual crimes or pornography, ensuring strong legal protection for children.
Illustrations of Section 95 BNS
Example 1: Using a Child for Theft
A criminal gang leader hires a 12-year-old boy to steal wallets and mobile phones in crowded areas. Under Section 95 BNS, the gang leader will be punished with at least 3 years of imprisonment.
Example 2: Engaging a Child for Drug Trafficking
A person employs a 15-year-old girl to deliver drugs in exchange for money. Even though she may not understand the full consequences, the adult responsible will face 3 to 10 years of imprisonment under this section.
Example 3: Forcing a Child into Begging or Illegal Activities
A group of individuals forces children to beg on the streets and hand over the money to them. The organizers are liable for punishment under Section 95 BNS.
Example 4: Using a Child in Pornographic Content
A person records a minor in explicit videos and sells them online. This is covered under Section 95 BNS, and the offender will face severe punishment.
Common Questions and Answers on Section 95 BNS
1. What constitutes “hiring, employing, or engaging” under this section?
Any act of recruiting, forcing, or using a child to commit an offense, whether directly or indirectly.
2. Is it necessary for the child to commit the crime for the offender to be punished?
No. Even attempting to employ a child for illegal activities is punishable under Section 95 BNS.
3. What is the punishment for violating Section 95 BNS?
- Minimum 3 years of imprisonment, extendable to 10 years.
- Fine (amount determined by the court).
- If the offense is committed, the adult is punished as if they committed the crime themselves.
4. Does this law apply to cases of child labor?
No. Child labor is covered under the Child Labour (Prohibition and Regulation) Act, 1986. However, if a child is employed in illegal or criminal activities, Section 95 BNS applies.
5. How does this law protect children from sexual exploitation?
The section explicitly mentions sexual exploitation and pornography, ensuring that individuals who exploit children in such ways face strict punishment.
Conclusion
Section 95 BNS is a strong legal provision to prevent the exploitation of children in criminal activities. It ensures strict punishment for individuals who employ or engage children in crimes, including sexual exploitation.
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