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IPC 317

IPC Section 317 – Exposure and Abandonment of Child Under Twelve Years | Punishment, Bail & Legal Guide
Section 317 · Indian Penal Code

IPC Section 317 – Exposure and Abandonment of Child Under Twelve Years

Section 317 of the Indian Penal Code dealt with exposing or leaving a child under twelve years by a parent or person having care of the child, with the intention of wholly abandoning the child. The provision prescribed imprisonment up to seven years, or fine, or both.

Offence: Exposure and abandonment of child under 12 years
Punishment: Up to 7 Years, or Fine, or Both
Cognizable: Yes
Bailable: Yes
BNS 2023 equivalent: Section 93
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Quick Answer: What Does IPC Section 317 Mean?

IPC Section 317 dealt with a parent or person having care of a child under twelve years exposing or leaving the child in a place with the intention of wholly abandoning the child. The punishment could extend to seven years, or fine, or both.

The child must be under twelve years of age
The accused must be the parent or a person having care of the child
There must be exposure or leaving of the child in a place
The act must be accompanied by an intention of wholly abandoning the child

What is IPC Section 317?

IPC Section 317 dealt with the exposure and abandonment of a child under twelve years by a parent or a person having care of the child. The provision required an act of exposing or leaving the child in a place with the intention of wholly abandoning the child.

The section protected young children from deliberate abandonment by persons responsible for their care. It also stated that if the child died because of the exposure, the provision did not prevent a trial for murder or culpable homicide, as the case may be.

Important Update: IPC to BNS Transition

The Indian Penal Code was repealed for new offences from 1 July 2024. The corresponding provision is BNS Section 93, which carries substantially the same wording and punishment for exposure and abandonment of a child under twelve years.

Punishment Under IPC Section 317

Maximum PunishmentImprisonment of either description up to 7 years, or fine, or both
CognizableYes
BailableYes
Triable ByMagistrate of the First Class
BNS EquivalentSection 93, Bharatiya Nyaya Sanhita, 2023
If Child DiesThe section does not prevent prosecution for murder or culpable homicide, as applicable

Section 317 imposed a maximum sentence of seven years, or fine, or both. The precise charges and consequences can depend on what happened to the child and whether another offence is made out.

Key Ingredients / Essential Elements

For an allegation under Section 317 to be established, the following elements were important:

1

Child Under Twelve Years

The child must be below twelve years of age.

2

Parent or Person Having Care

The accused must be the father or mother of the child or a person having care of the child.

3

Exposure or Leaving

The child must be exposed or left in a place in circumstances covered by the section.

4

Intention of Wholly Abandoning

The prosecution must establish the intention of wholly abandoning the child.

5

Relevant Circumstances

The location, condition of the child, conduct of the accused and surrounding evidence can be important in determining the intention.

What Should You Do — For Complainants and Accused

Child-abandonment allegations are fact-sensitive. Evidence about who had care of the child, where the child was left, the child's age and the accused's intention can be important.

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If You Believe a Child Was Abandoned

  1. Ensure the child's immediate safety and contact the appropriate authorities or child-protection services.
  2. Preserve information about where and when the child was found.
  3. Keep available medical records, photographs, witness details and other relevant evidence.
  4. Take legal advice regarding the applicable criminal and child-protection provisions.
📞 Talk to a Lawyer — Support
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If You Are Accused Under Section 317

  1. Preserve evidence showing the circumstances in which the child was left or cared for.
  2. Examine whether the prosecution can establish an intention of wholly abandoning the child.
  3. Collect records and witnesses relevant to the child's care and safety.
  4. Seek legal advice promptly about bail, defence and any connected charges.
📞 Talk to a Lawyer — Defence Support

Abandonment vs Temporary Separation

Section 317 focused on an intention of wholly abandoning the child. Whether particular conduct meets that standard depends on the facts, including the circumstances in which the child was left and the accused's intention.

Complaint, FIR & Court Process Under Section 317

STEP 1

Child Is Found or Alleged Abandonment Is Reported

The circumstances of the child being exposed or left are documented and reported to the authorities.

STEP 2

Age and Care Relationship Are Examined

The child's age and whether the accused was a parent or person having care of the child are established.

STEP 3

Evidence of Intention Is Assessed

The investigation examines whether the circumstances support an intention of wholly abandoning the child.

STEP 4

FIR and Investigation

Section 317 was historically classified as cognizable and bailable. The investigation may include witness statements, medical records and other evidence.

STEP 5

Court Proceedings

The case was historically triable by a Magistrate of the First Class. If the child died, additional charges such as culpable homicide or murder may be considered where legally supported.

Important / Landmark Principles on Child Abandonment

Queen-Empress v. Mirchia

A historical Allahabad High Court decision considered whether leaving a young child in particular circumstances amounted to exposure or abandonment under Section 317.

Principle: The precise circumstances in which a child is left and the intention of the person leaving the child are important to the application of Section 317.
State of Karnataka v. Shekhar V. Harikanth

The Karnataka High Court considered a case involving parents who exposed and left a child in a public place. The court convicted the accused under Section 317 along with Section 304 Part II in the circumstances of that case.

Principle: Evidence of abandonment, the surrounding circumstances and knowledge of the risk to the child can support liability under Section 317 and connected offences where their ingredients are established.
Ragini v. The State of M.P.

The Madhya Pradesh High Court considered circumstantial evidence in a case involving the death of a newborn child and allegations connected with abandonment and the child's death.

Principle: Criminal liability depends on the evidence establishing the relevant conduct, circumstances and required mental element.

Frequently Asked Questions on Section 317

What does IPC Section 317 deal with?+
It dealt with exposing or leaving a child under twelve years by a parent or person having care of the child, with the intention of wholly abandoning the child.
What is the punishment under IPC Section 317?+
The punishment could extend to seven years of imprisonment, or fine, or both.
Is IPC Section 317 cognizable?+
Yes. It was historically classified as a cognizable offence.
Is IPC Section 317 bailable?+
Yes. It was historically classified as a bailable offence.
Which court could try an IPC Section 317 case?+
It was historically triable by a Magistrate of the First Class.
What are the essential ingredients of IPC Section 317?+
The child must be under twelve, the accused must be the parent or a person having care of the child, the child must be exposed or left, and there must be an intention of wholly abandoning the child.
Does temporary separation automatically amount to abandonment?+
No. Section 317 focused on an intention of wholly abandoning the child. The facts and circumstances must be examined.
What if the child dies after abandonment?+
The explanation to Section 317 states that the section does not prevent prosecution for murder or culpable homicide, as the case may be, if the child dies in consequence of the exposure.
What is the BNS equivalent of IPC Section 317?+
The corresponding provision is BNS Section 93, Exposure and abandonment of child under twelve years of age, by parent or person having care of it.
Is BNS Section 93 substantially the same as IPC Section 317?+
Yes. The core wording and punishment are substantially carried forward in BNS Section 93.
Does IPC Section 317 still apply after 1 July 2024?+
For conduct governed by the new criminal laws from 1 July 2024 onward, BNS Section 93 applies. IPC Section 317 remains relevant to conduct governed by the earlier law, subject to the applicable repeal-and-savings provisions.
What evidence may be relevant in a Section 317 case?+
Evidence about the child's age, the accused's relationship or care of the child, the place and manner in which the child was left, witness accounts, medical records and surrounding circumstances may be relevant.
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© 2026 Aapka Legal Advice. This page provides general information about IPC Section 317 and is not a substitute for professional legal advice.
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