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Section 93 of the Bharatiya Nyaya Sanhita, 2023 punishes the offence of exposure and abandonment of a…

Section 243(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly section 220(3) CrPC) permits charges and trial for each offence where the acts fall within separate…

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Section 93 of the Bharatiya Nyaya Sanhita, 2023 punishes the offence of exposure and abandonment of a child under 12 years by parent or person having care of it. Section 105 of the Bharatiya Nyaya Sanhita, 2023 provides for punishment for the offence of culpable homicide not amounting to murder. 'A' exposes her child with the knowledge that she is thereby likely to cause its death. The child dies in consequence of such exposure. In such circumstances 'A' may be

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Section 243(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly section 220(3) CrPC) permits charges and trial for each offence where the acts fall within separate statutory definitions. Its illustration gives this child-exposure example and expressly permits conviction under both Sections 93 and 105 of the Bharatiya Nyaya Sanhita, 2023 (formerly sections 317 and 304 IPC). Section 93 also makes clear that it does not prevent trial for murder or culpable homicide when the child dies. The knowledge of likely death in the question supplies the culpable-homicide element; the court is not restricted to convicting only of abandonment or only of homicide.

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