Case Law Analysis
|Bombay High Court
Section 317 IPC | Biological Motherhood Alone Does Not Prove Abandonment Without Evidence of Intentional Desertion : Bombay HC Aurangabad
The Bombay High Court held that mere biological relation to a child is insufficient to convict under Section 317 IPC; prosecution must prove intentional abandonment through concrete evidence, not circumstantial custody shifts. This sets a critical precedent for maternal rights in child abandonment cases, requiring prosecutors to move beyond presumption to proof.