Indian Penal Code

Legal Dictionary: Abandonment

 

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1.‘Abandon’ means to leave a child to its fate. [Mitchell v. Wright, 1905 SC 568 (574)]

2.The section intends to prevent the abandonment or desertion by a parent of his or her children of tender years, in such a manner that the children, not being able to take care of themselves, may run the risk of dying or being injured. It does not apply when children are left under the care of others. (Felani Hariani, (1871) 16 WR (Cr) 12)

(Word used in section of Criminal Law)

:- abandonment of child under 12 years of age., S. 317. IPC, 1860.

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 with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. Explanation- This section is not intended to prevent the trial of the offender for murder or culpable homicide, as the case mat be, if the child die in consequences of exposure.

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