The courts cannot charge a stranger to a child under offences relating to child abandonment and cruelty under the applicable statutes.

ORDER

Dated this the 05^th day of January, 2026 The petitioner is the 6^th accused in S.C No. 229 of 2025 on the file of the Additional Sessions Court-I, Kalpetta arising out of Crime No. 696 of 2024 Kalpetta, Police Station involving offences under Sections 93 r/w 3 (5) of Bharathiya Nyaya Sanhitha , 2023, ('BNS' for short) and Section 75 of the Juvenile Justice (Care and Protection of Children) Act , 2015 (JJ Act' for short).

2. The prosecution case is that while the 1st accused was living separately from her husband, she became pregnant from some body else and she gave birth to a child at Kalpetta general hospital on 11.6.2024 and thereafter, she decided to abandon the child. As per the prosecution case, accused persons 1 and 2 entrusted the child with the 5^th accused for giving up the child at 'Ammathottil' and the 5^th accused in turn, with the help of the 6^th accused, sold the child to accused Nos 3 and 4, after receiving a sum of Rs.10,000/- and thereby they alleged to have committed the aforesaid offences. According to the learned counsel, the offence under Section 93 r/w 3 (5) of BNS and Section 75 of the JJ Act will not be attracted against the petitioner and therefore, he prayed for quashing the proceedings against the petitioner.

3. The application was opposed by the learned Public Prosecutor.

4. Section 93 of the BNS deals with exposure and abandonment of child under 12 years of age by parent or person having care of it. Admittedly the petitioner is a stranger to the child and as such, Section 93 r/w 3(5) of BNS will not be attracted in this case.

5. Section 75 of the JJ Act reads as follows :-

“Punishment for cruelty to child. - Whoever, having the actual charge of, or control over, a child, assaults, abandons, abuses, exposes or wilfully neglects the child or causes or procures the child to be assaulted, abandoned, abused, exposed or neglected in a manner likely to cause such child unnecessary mental or physical suffering, shall be punishable with imprisonment for a term which may extend to three years or with fine of one lakh rupees or with both.”

6. On a perusal of the above provision it can be seen that Section 75 of the JJ Act applies only to persons having the actual charge or control over a child. Since in the instant case the petitioner is a stranger to the child and he was not a person who was in actual charge or control over the child, the above provision also will not be attracted in this case. In the above circumstances, it can be seen that both the offences alleged against the petitioner are not attracted in this case and as such, no useful purpose will be served in proceeding the case against the petitioner.

This Court, as per order dated 14.10.2025, already quashed the proceedings against the 5^th accused also. In the result, this Crl.M.C is allowed, all proceedings against the petitoner in S.C No. 229 of 2025 on the file of Additional Sessions Court, Kalpetta, is quashed.