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.
BNS Section 95: Hiring, employing or engaging a child to commit an offence
Section 95 of the Bharatiya Nyaya Sanhita, 2023 deals with hiring, employing or engaging a child to commit an offence. It has no direct equivalent in the Indian Penal Code, 1860; it is new in the BNS. Under the BNSS First Schedule, BNS 95 is cognizable and non-bailable.
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Bail, cognizability and punishment
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 95 | Hiring, employing or engaging a child to commit an offence. | Imprisonment for not less than 3 years but which may extend to 10 years and fine. | Cognizable | Non-bailable | Magistrate of the first class |
| 95 | If offence be committed. | Same as for the offence committed. | Cognizable | Non-bailable | Court by which offence committed is triable |
Source: BNSS, 2023, First Schedule, Part I.
Text of BNS Section 95
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