Whoever being the father or mother of a child under the age of ________, or having the care of such child, shall expose or leave 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, or with fine, or with both.

B.A./B.COM. LL.B. (5 YEAR LAW / U.G. LAW) Panjab University Entrance Exam 2025 : MCQs and Answer Key

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10.

Whoever being the father or mother of a child under the age of ________, or having the care of such child, shall expose or leave 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, or with fine, or with both.

A: 10 years

B: 12 years

C: 14 years

D: 16 years

The answer is: B

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Explanation

The correct answer is (B) 12 years.

This is Section 317 of the Indian Penal Code (IPC), 1860 (now corresponding to Section 93 of the Bharatiya Nyaya Sanhita, 2023).

Exact Provision:

"Whoever being the father or mother of a child under the age of twelve years, or having the care of such child, shall expose or leave 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, or with fine, or with both."

Key Points :

Age limit: Specifically under 12 years. Children below this age are considered particularly vulnerable and unable to protect themselves, so the law imposes a duty on parents/guardians.

Who can be punished?
- Father or mother (biological or adoptive).
- Any person having the care of the child (e.g., guardian, nanny, or relative in charge).

Essential ingredients:
1. The child must be under 12 years.
2. The act must involve exposing or leaving the child in any place.
3. There must be intention of wholly abandoning the child (not temporary leaving).

Punishment: Up to 7 years imprisonment (simple or rigorous) + fine or both. It is a cognizable, bailable offence, triable by a Magistrate of the First Class.

Object: To protect young children from danger to life or health due to abandonment by those responsible for them.

Note: This is different from kidnapping/abduction sections (e.g., 361 IPC deals with minors under 16/18 years) or other child-related offences. The age is fixed at 12 years - not 10, 14, or 16.