INDIAN KANOON SECTION 317 IPC - Indian Penal Code - Exposure and abandonment of child under twelve years, by parent or person having care of it

Description

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.

Applicable Offences

Exposure of a child under 12 Years of age by parent or person having care of it with intention of wholly abandoning it

Punishment - 7 Years or Fine or Both

This is a Bailable, Cognizable offence and triable by Magistrate First Class; Session in M.P.

This offence in NOT compoundable.

1. If an offence is cognizable, police has the authority to arrest the accused without a warrant and to start an investigation with or without the permission of a court. Otherwise police does not have the authority to arrest the accused without a warrant and an investigation cannot be initiated without a court order.

2. If an offience is bailable, police has the authority to release the accused on bail on getting the defined surety amount along with a duly filled bail bond at the concerned police station. Otherwise arrested person has to apply for bail before a magistrate or court

3. If an offence is compoundable, a compromise can be done between the accused and the victim, and a trial can be avoided. Otherwise, No compromise is allowed between the accused and the victim except under certain situations, where the High Court or the Supreme Court have the authority for quashing a matter.