BNS Section 95
What is the punishment for hiring a child to commit a crime?
Short answer
Imprisonment of at least three years up to ten years, a fine, and the same penalty as if the adult committed the offence.
In detail
The law treats anyone who hires, employs or engages a child to carry out a crime as a serious offender. The court must impose a jail term that cannot be less than three years and can be as long as ten years, along with a monetary fine. If the child actually goes on to commit the crime, the adult who used the child is also punished with the same sentence that the child would have received, as if the adult had done the act themselves. This rule also includes cases where a child is used for sexual exploitation or pornography. The purpose is to deter adults from involving children in illegal activities and to ensure that the adult bears full responsibility for both the planning and the outcome of the crime.
Related questions
What actions are defined as 'hurt' under the Bharatiya Nyaya Sanhita?
Hurt means causing bodily pain, disease, or infirmity to any person.
Can a husband be forced to financially support his wife, children, or parents if he refuses?
Yes, a magistrate can order him to pay a monthly allowance and enforce it with fines or up to one month in jail.
If I accidentally hurt a consenting adult during a game, can I be criminally liable?
No, you are not criminally liable if the act was not intended to cause death or serious injury and the adult gave consent.
Can I defend myself even if it might harm a child nearby?
Yes, the law permits you to use private defence even if it risks harming an innocent person during a deadly assault.
People also ask
- What additional penalty applies if the child actually commits the crime?
- Does the law treat using a child for pornography as a separate offence?
- Can a fine be imposed without imprisonment under this section?
Not legal advice. This is general legal information, not legal advice. Laws change and every case turns on its own facts — speak to a lawyer about your situation.