Section 93

Section 93 creates criminal liability for parents and guardians who deliberately abandon children under the age of 12. The offence is not accidental separation or temporary absence — it requires the 'intention of wholly abandoning' the child. The law recognises that children under 12 lack the physical and cognitive resources to survive independently and are utterly dependent on the adults who have assumed responsibility for their care. Abandonment in this context means leaving the child in circumstances where the adult has no intention of returning or making provision for the child's care. This covers leaving a toddler at a bus stop and walking away; dropping a child at a hospital without registering them and disappearing; leaving a sick child at a religious institution or orphanage gate without any official transfer of custody; and abandoning children in remote locations. The section applies to parents and to 'any person having the care of such child' — including stepparents, guardians, domestic employers of child workers, and anyone who has voluntarily assumed responsibility for the child's welfare. The bailable nature of the offence has been criticised as inconsistent with its maximum 7-year penalty, but courts often impose stringent conditions on bail in serious cases.