What is Section 317 IPC? Exposure and abandonment of child under twelve years
Published on: Lawiz Team
Learn about Section 317 IPC: Exposure and abandonment of child under twelve years
Official Legal Text
Whoever being the father or mother of a child under the age of twelve years, or having the care of such child, exposes or leaves such child in any place with the intention of wholly abandoning such child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
What This IPC Section Means – Explained in Simple Words
Section 317 punishes anyone who exposes or leaves a child under the age of twelve with the intention of abandoning it.
Purpose
To protect young children from being abandoned or left without care.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Imprisonment up to 7 years, or fine, or both.
Scope and Application
Applies to any person who exposes or leaves a child under twelve years of age in any place with the intention of abandoning it.
Important Legal Points
The child must be under twelve years of age, and the intention to abandon must be clear.
Illustrative Example
If a parent leaves a newborn baby in a public place with the intention of abandoning it, they are punishable under Section 317.
Exceptions and Special Cases
Does not apply if the child is left temporarily for a reasonable purpose without the intention of abandonment.
Punishment Details
Imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
FAQs
What is Section 317 IPC about?
Exposure and abandonment of child under twelve years, by parent or person having care of it
What is the punishment under Section 317 IPC?
Punishment varies depending on specific conditions under Section 317 IPC.
Is the offence under Section 317 IPC bailable or non-bailable?
Depends on the severity and judicial discretion.
How can a case be filed under Section 317 IPC?
Approach the nearest police station and file an FIR mentioning the details.
What are the defences available under Section 317 IPC?
Defences depend on lack of intent, mistake of fact, or procedural lapses.
Can you give examples related to Section 317 IPC?
Real-world examples vary based on facts and circumstances.
Are there any landmark judgments related to Section 317 IPC?
Judicial interpretations vary; specific case laws define the scope.