BACK TO SECTIONS(2008) 13 SCC 518
IPC 1860REPEALED
Section 317
Exposure and abandonment of child under twelve years, by parent or person having care of it
Replaced by: BNS 93
BailableCognizable: CognizableMagistrate First Class
THE STATUTE
Original Text
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...
Simplified
Section 317 criminalises abandonment of children under 12 by parents or caregivers. The key element is 'intention of wholly abandoning' — a complete desertion with no intent to return. The offence is complete at the moment of abandonment regardless of whether the child is subsequently rescued. This addresses persistent problems of newborn abandonment driven by poverty, social stigma around illegitimate births, or sex-selective abandonment of female infants.
Legal Evolution
Section 317 on exposure and abandonment of a child under twelve was modeled on English statutes protecting young children from parental neglect and abandonment — a serious social problem in 19th-century urban and rural settings alike. It imposes criminal liability on the parent or guardian responsible for the child, regardless of whether the child actually suffers harm. The provision has been invoked in cases of female infanticide and abandonment of newborns.
Landmark Precedents
Baby Manji Yamada v. Union of India (2008)
RELEVANCE
Surrogacy case discussing child abandonment law — Section 317 protects abandoned children; the state has parens patriae duty to protect children left without parental care.
Practical Scenarios
"Leaving a newborn at a railway station with no intention of returning — Section 317."
"Leaving a young child in a deserted park without any arrangement for care — Section 317."
Common Queries
Yes — the offence is complete as soon as the child is abandoned with the intention of wholly deserting them, regardless of subsequent rescue.