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

Bharatiya Nyaya Sanhita, 2023 · Chapter 5: Of Offences Against Woman and Child - Of sexual offences - Of criminal force and assault against woman - Of offences relating to marriage - Of causing miscarriage, etc. - Of offences against child

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95. 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.

Study: explanations and related material

Punishment, bail and trial

95Hiring, 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 not
Cognizable
Bailable or not
Non‑bailable
Triable by
Magistrate of the first class

95If offence be committed.

Punishment
Same as for the offence committed.
Cognizable or not
Cognizable
Bailable or not
Non‑bailable
Triable by
Court by which offence committed is triable

Source: BNSS First Schedule, Gazette of India, 25 December 2023, p. 163. The Schedule gives the substance of the section, not its full definition, and a State may have amended the classification for its territory. See it in the full First Schedule

Official reference: Ministry of Home Affairs: Gazette text, 25 December 2023 — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-07-01.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately.

This text is for reference, not legal advice. Consult the official source for the authoritative text.

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