Hiring, employing or engaging a child to commit an offence
Whoever hires, employs or engages any person below the age of eighteen years to commit an offence shall be punished with imprisonment of either description or fine 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.
Key Points on BNS-95
Section BNS-95 of the Bharatiya Nyaya Sanhita (BNS) criminalizes the act of involving a minor (anyone below the age of 18) in committing an offence.
1. Hiring, Employing, or Engaging
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This section applies to any individual who hires, employs, or engages a child to commit an offence, making the adult responsible for their participation in criminal activities.
2. Punishment
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The punishment for such an offence is imprisonment or fine, equivalent to the punishment the law prescribes for the offence committed, as if the person committing the act had done so themselves.
3. Inclusion of Exploitation
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Section BNS-95 also extends to sexual exploitation and pornography, where a child is used or employed for such purposes .
Offence : Hiring, employing or engaging a child to commit an offence.
Punishment : Imprisonment for not less than 3 years but which may extend to 10 years and fine.
Cognizable or Non-cognizable : Cognizable.
Bailable or Non-bailable : Non-bailable.
By what Court triable : Magistrate of the first class.
Offence : If offence be committed.
Punishment : Same as for the offence committed.
Cognizable or Non-cognizable : Cognizable.
Bailable or Non-bailable : Non-bailable.
By what Court triable : Court by which offence committed is triable.
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