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. 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; The Act came into force on 01 Jul 2024.
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.
Section 95, The Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023).
How this offence is classified
From the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023, which classifies every offence under the Sanhita. Cognizable means a police officer may arrest without warrant; bailable means bail is a matter of right rather than of the court's discretion. This section is classified 2 ways.
| Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|
| 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. |
| If offence be committed. | Same as for the offence committed. | Cognizable. | Non-bailable. | Court by which offence committed is triable. |
Questions about Section 95
What does Section 95 of the Bharatiya Nyaya Sanhita deal with?
Section 95 of the Bharatiya Nyaya Sanhita is headed "Hiring, employing or engaging a child to commit an offence". 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;
Is Section 95 of the Bharatiya Nyaya Sanhita bailable?
Non-bailable, under the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023.
Is Section 95 of the Bharatiya Nyaya Sanhita cognizable?
Cognizable. "Cognizable" means a police officer may arrest without warrant; "non-cognizable" that they may not. An offence under this section is triable by Magistrate of the first class.
How do I find court cases under Section 95 of the Bharatiya Nyaya Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNS 95, section 95 BNS, section 95 of the Bharatiya Nyaya Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 95 of the Bharatiya Nyaya Sanhita come into force?
Section 95 of the Bharatiya Nyaya Sanhita, cited as BNS 95, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions2199 words
- 356. Defamation1543 words
- 335. Making a false document1318 words
- 101. Murder1177 words
- 303. Theft1104 words
- 3. General explanations858 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.