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SAMPADA AGGARWAL   04 June 2021

cumulative penalties

If a mother abandoned her child, with the intention of wholly abandoning her him & knowing that such abandonment was likely to cause his death & the child died in consequence of abandonment.
In the case she could convicted & punished under section 304 / section 317 / both


 5 Replies

nikita jain   05 June 2021

If the age of child is twelve or less, then yes she will be held liable with punishment under section 317 and due to result in death of child by knowing consequences, she will be punished under section 304
1 Like

Dr J C Vashista (Lawyer)     05 June 2021

Such mother shall be charged and punished under both the provisions of IPC which reads as under:

Section 317 in The Indian Penal Code

317. Exposure and abandonment of child under twelve years, by parent or person having care of it.—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 descripttion 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 may be, if the child dies in consequence of the exposure.

 

 

Section 304A in The Indian Penal Code

279 [304A. Causing death by negligence.—Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or with both.]

1 Like

Sankaranarayanan (Advocate)     05 June 2021

yes she can charge under both section as pointed by the experts. i do endorse with experts

1 Like

T. Kalaiselvan, Advocate (Advocate)     06 June 2021

On a complaint against the mother, she may be prosecuted for the charges under section 304 and 317 IPC. 

 

317: 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 descripttion for a term which may extend to seven years, or with  fine or with both.

This section is not intended to prevent the trial of the offender for murder or culpable homicide, as the case may be, if the child dies in consequence of the exposure.

 

1 Like

Vasundhara Singh (Student)     07 June 2021

Hello!  

It is the responsibility of the parent to take care of their child and in case if they intentionally abandon the child or deliberately neglect him or her, the legislature has made strict laws to punish such negligent parents.  

Sec 317 of IPC,1860 states that if any parent exposes or leaves his or her child who is below the age of 12 years with the intention to abandon him shall be punished with imprisonment of either descripttion for a term which may extend to seven years, or with fine, or with both. It further explains that if such abandonment causes the death of the child, then the parent will also be liable for murder or culpable homicide not amounting to murder.   

He or she will be punishable under section 317 which will be read with either section 302 or 304 of IPC depending upon the fact of the cases.  

Best Regards,        

Vasundhara Singh 


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