Section 95 BNS: Hiring, employing or engaging a child to commit an offence

Section 95 BNS 2023 addresses the issue of the exploitation of children for criminal activities enlisted under Bharatiya Nyaya Sanhita. This section aims to protect children from being manipulated and used by adults to perpetrate offences. Section 95 of BNS deals with the act of hiring, employing, or engaging a child in any activity that constitutes an offence under the Bharatiya Nyaya Sanhita. By specifically targeting those who involve children in crime, this section underscores the vulnerability of minors and seeks to hold adults accountable for their exploitation. Explore other important Judiciary Notes.

Section 95 BNS 2023: 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 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.

Note: “The information provided under Section 95 BNS has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders.”

Download Free PDF on Section 95 BNS 2023 PDF

Section 95 BNS 2023 makes it a crime for any adult to use a child to commit a crime. This means if one asks, pays, or in any way involves a child in doing something that is against the law, he can be punished under this section. It doesn't matter if the child actually commits the crime or not; the act of hiring, employing, or engaging them for that purpose is itself the offence. The terms "hiring," "employing," and "engaging" under Section 95 BNS are quite broad. "Hiring" likely refers to offering some form of payment or reward to the child. "Employing" suggests a more regular or ongoing involvement of the child in criminal activities. "Engaging" is perhaps the widest term, covering any way an adult might involve a child in committing an offence, even without formal payment or a continuous arrangement. 

 Section 95 BNS 2023: Essential Elements

For an offence to be punishable under Section 95 of Bharatiya Nyaya Sanhita 2023 certain important elements must be present. Mentioned hereinafter are some of the important elements:

1.The Accused Person: 

There must be a person who hires, employs, or engages a child. This person is invariably an adult for the act to constitute an offence under Section 95 BNS.

2.The Victim: 

The victim must be a "child," defined under Section 2(3) of the BNS as any person below the age of eighteen years.

3.The Act of Hiring, Employing, or Engaging: 

The accused must have performed one of these actions concerning the child. These terms are broad and cover various ways an adult can involve a child in a crime:

• Hiring: Suggests offering some form of payment, reward, or benefit to the child for committing an offence.
• Employing: Implies a more regular or ongoing involvement of the child in criminal activities akin to a job or service.
• Engaging: This is the widest term under Section 95 BNS, encompassing any act by the adult to involve the child in committing an offence, which could include asking, persuading, pressuring, or otherwise inducing the child.

4.To Commit an Offence: 

The purpose of hiring, employing, or engaging must be for the child to commit an act that is defined as an "offence" under Section 95 BNS or any other law in force in India.

5.Punishment for the Act Itself: 

Section 95 BNS prescribes punishment for the act of hiring, employing, or engaging a child to commit an offence, regardless of whether the child actually commits the offence. This punishment is imprisonment for a term not less than three years, which can extend to ten years, along with a fine.

6.Additional Punishment if the Offence is Committed: 

If the child actually commits the offence, the adult who hired, employed, or engaged the child is also liable for the punishment prescribed under Section 95 BNS for that specific offence, as if they had committed it themselves.

Section 95 BNS is a new addition to Bhartiya Nyaya Sanhita 2023. Therefore, there is no corresponding section for it in the Indian Penal Code. The primary reason behind adding this section is to protect children from exploitation and create a deterrence in the mind of the offender while also aligning with the spirit of International standards.

Section 95 BNS 2023 Judicial Interpretation

As this section is a recent addition in the Indian Criminal Law, cases are expected to emerge in the future. According to a news report from July 2024, the Delhi Police invoked Section 95 of the BNS against four members of a gang (excluding a juvenile) who were arrested for their involvement in an extortion and firing incident. The police alleged that these adults had hired a minor to be part of the crime. This case demonstrates the immediate application of the new provision in situations where adults are found to be employing children in criminal activities.

Conclusion

Section 95 BNS 2023, represents a significant step towards child protection within the Indian criminal law. By including the act of hiring, employing, or engaging a child to commit as an offence, section 95 of BNS, addresses the heinous practice of exploiting the vulnerability of minors for criminal activities. This section not only punishes the act of exploitation itself but also holds adults culpable for the crimes committed by children under their influence.