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Question

Which offence, as per the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, is punishable with a minimum imprisonment of 3 years, extendable up to 10 years, along with fine, and is triable by a Magistrate of the First Class?

The correct answer is

Hiring or engaging a child to commit an offence

The offence is defined in the Bharatiya Nyaya Sanhita (BNS), 2023, while the First Schedule of the BNSS, 2023 classifies it and names the court that tries it.

Section 95 of the BNS (hiring, employing or engaging a child to commit an offence) prescribes imprisonment of not less than three years, which may extend to ten years, and fine; the BNSS schedule makes it triable by a Magistrate of the First Class.

Kidnapping (Section 137 BNS) is punishable with up to 7 years and fine; exposure and abandonment of a child under twelve years (Section 93 BNS) carries up to 7 years or fine or both; and kidnapping or maiming a child for begging (Section 139 BNS) carries not less than 10 years, which may extend to life imprisonment. None of these matches the 3-to-10-year range.

Hence, the offence is hiring or engaging a child to commit an offence.

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