Penal Code 1871 s 317
s 317 Exposure and abandonment of a child below 12 years of age by parent or person having care of it
317. Whoever, being the father or mother of a child below 12 years of age, or having the care of such child, exposes or leaves such child in any place with the intention of wholly abandoning such child shall be punished with imprisonment for a term which may extend to 7 years, or with fine, or with both. Explanation.— This section is not intended to prevent the trial of the offender for murder or culpable homicide as the case may be, if the child dies in consequence of the exposure.
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